A Judge By Any Other Name Decides The Case the Same Way? Don’t Count On It

Dave Reif has this interesting discussion of two federal judges in California construing the same arbitration provision differently within weeks of one another, resulting in conflicting rulings on motions to compel arbitration. As Dave explains, in Nation v. BMW of North America, LLC, 2020 U.S. Dist. LEXIS 246435 (C.D. Cal. Dec. 28, 2020) and Robinson v. BMWContinue reading “A Judge By Any Other Name Decides The Case the Same Way? Don’t Count On It”

Court Rejects Settlement Order As An Enforceable Arbitration Agreement

In Knaresborough Enterprises, LTD v. Dizazzo, the Vermont Supreme Court addressed a circumstance described as follows by the court: “In this property dispute between neighboring landowners, defendants appeal a provision in the trial court’s final order that requires the parties to submit future disagreements to binding arbitration. The court included the provision in the orderContinue reading “Court Rejects Settlement Order As An Enforceable Arbitration Agreement”

Real Estate Agent Suing Attorney For Malpractice Is Not Bound By Arbitration Provision In A Retainer Agreement Signed By The Agent’s Brokerage Company

Lidia Dinkova of Daily Business Review has authored this interesting article discussing a Florida appellate decision in Jacocks v. Capital Commercial Real Estate Group, Inc. As described, Mr. Jacocks, a real estate agent, was victimized twice in pursuit of his share of a real estate commission to which he claimed entitlement from the sale ofContinue reading “Real Estate Agent Suing Attorney For Malpractice Is Not Bound By Arbitration Provision In A Retainer Agreement Signed By The Agent’s Brokerage Company”

Bank’s Attempt To Arbitrate Claim Of Wrongful Setoff Barred By Dodd-Frank

A District Court in Maryland confronted a scenario where a bank depositor brought suit based on the setoff of deposit accounts following the depositor’s failure to make payments under a home equity loan. The borrower claimed the bank’s actions constituted a violation of the Truth in Lending Act (“TILA”). The bank sought to compel arbitrationContinue reading “Bank’s Attempt To Arbitrate Claim Of Wrongful Setoff Barred By Dodd-Frank”

Biometric Company Cannot Compel Arbitration Of Claims That It Unlawfully Retained Individuals’ Data

Fredy Sosa v. Onfido, Inc. provided an Illinois District Court with the obligation to opine whether a company engaged by an online marketplace to verify users’ identities could compel arbitration of claims brought by marketplace customers that their biometric data was being unlawfully stored. The court’s answer was “no.” In this putative class action, usersContinue reading “Biometric Company Cannot Compel Arbitration Of Claims That It Unlawfully Retained Individuals’ Data”

“Why Virtual Mediation Is Here to Stay”

Retired federal judge and current JAMS neutral Diane Welsh has this article in The Legal Intelligencer discussing her experiences with virtual mediation during COVID-19 and offering her view that “the advantages of virtual mediation suggest that it will be deeply embedded in the ADR landscape long after the pandemic is over.”

“Computer Signatures and Arbitration Contracts May Not Mix”

The New Jersey Law Journal‘s Editorial Board has this article, discussing the New Jersey Appellate Division’s decision in Knight v. Vivint Solar, __ N.J. Super. __, 2020 N.J. Super. LEXIS 240 (N.J. Super. Ct. App. Div. Dec. 2, 2020), offering the following takeaways to contract draftspersons: “(a) When drafting, say it once and say it well,Continue reading ““Computer Signatures and Arbitration Contracts May Not Mix””

Arbitration Provision Contained In Terms Of Use But Not Membership Agreement Nonetheless Mandate Arbitration Of Health Club Dispute

The Southern District of New York has held that a purported class action against a health club by a member whose access was precluded due to Covid is subject to arbitration. In Jampol v. Blink Holdings, Inc, the court held that even though the Membership Agreement did not provide for arbitration, the Terms of UseContinue reading “Arbitration Provision Contained In Terms Of Use But Not Membership Agreement Nonetheless Mandate Arbitration Of Health Club Dispute”