Court Holds Statute Of Limitations To File Civil Action Does Not Apply To Arbitration

Stanley Martin of Commonsense Construction Law LLC has this article, published by Lexology, discussing the decision by the Maryland Court of Special Appeals in Park Plus, Inc. v. Palisades of Towson, LLC, in which the court held that a demand for arbitration filed almost five years following the expiration of the warranty upon which theContinue reading “Court Holds Statute Of Limitations To File Civil Action Does Not Apply To Arbitration”

“Tenth Circuit Agrees Arbitration Award Issued Absent an Arbitration Agreement Was a ‘Farce,’ Orders Sanctions Against Pro Se Petitioner”

Alex Silverman of Carlton Fields offers this article, published in JD Supra, discussing the Tenth Circuit’s decision in Wicker v. Bayview Loan Services, LLC. Setting the stage, the court explained that, “[w]hen [defendants] failed to respond to Mr. Wicker’s ‘binding self-executing irrevocable [counteroffer],’ …which also contained scattered and incoherent mentions of arbitration, he proceeded toContinue reading ““Tenth Circuit Agrees Arbitration Award Issued Absent an Arbitration Agreement Was a ‘Farce,’ Orders Sanctions Against Pro Se Petitioner””

Failure To Commence Arbitration Following Granting Of Motion To Compel Creates Problems

In Pruteanu v. Team Select Home Care of Missouri, Inc., a Missouri District Court granted defendant’s motion to compel arbitration, staying the action pending completion of the arbitration. After the court entered its order, defendant’s counsel unsuccessfully attempted to persuade plaintiff’s counsel to initiate the arbitration. When plaintiff’s counsel balked, asserting that defendant should commence,Continue reading “Failure To Commence Arbitration Following Granting Of Motion To Compel Creates Problems”

“Eleventh Circuit Holds University Cannot Arbitrate Student’s Breach of Contract and Misrepresentation Claims”

Christina Gallo of Carlton Fields has authored this article in JD Supra, discussing the court’s determination in Young v. Grand Canyon University, Inc. that the District Court “was wrong to compel arbitration of a student’s breach of contract and misrepresentation claims against a university, as federal regulation 34 C.F.R. § 685.300(e)-(f) prohibits a college orContinue reading ““Eleventh Circuit Holds University Cannot Arbitrate Student’s Breach of Contract and Misrepresentation Claims””

“More on McGill: Ninth Circuit Affirms Order Enforcing Arbitration of Public Injunctive Relief Claims”

The Ninth Circuit’s recent decision in DiCarlo v. MoneyLion, __ F.3d __ (9th Cir. Feb. 19, 2021) is the subject of this article in Lexology by Jay Ramsey and Fred Puglisi of Sheppard Mullin. They posit that the court’s ruling “should aid companies across a wide-spectrum of consumer facing industries, many of which are havingContinue reading ““More on McGill: Ninth Circuit Affirms Order Enforcing Arbitration of Public Injunctive Relief Claims””

“Disclosure of Binding Arbitration Not Required In Consumer Warranties, Says Florida Supreme Court”

Traci McKee and Lexi Fuson of Faegre Drinker have this article in The National Law Review, discussing the Florida Supreme Court’s recent decision in Krol v. FCA US LLC. The Florida court held that a a binding arbitration agreement does not constitute “[i]nformation respecting the availability of any informal dispute settlement mechanism elected by theContinue reading ““Disclosure of Binding Arbitration Not Required In Consumer Warranties, Says Florida Supreme Court””

Pre-Emption Monday

This is shaping up to be FAA pre-emption week. Just hours ago, I posted on the Vermont Supreme Court’s decision in Masseau v. Luck, holding that the Federal Arbitration Act pre-empts a Vermont law requiring that an arbitration provision be separately acknowledged in writing. Now, I have encountered this article by Edward Spiro and ChristopherContinue reading “Pre-Emption Monday”

Court Finds Home Inspection Agreement Involves Interstate Commerce, Thus Triggering FAA Instead Of State Arbitration Statute

Those confronting issues that would be decided differently under the Federal Arbitration Act than their state arbitration law may be interested in the Vermont Supreme Court’s decision in Masseau v. Luck. The question of federal or state law was outcome determinative in that Vermont law provides that an arbitration agreement, to be enforceable, must containContinue reading “Court Finds Home Inspection Agreement Involves Interstate Commerce, Thus Triggering FAA Instead Of State Arbitration Statute”

“Implicit Waiver of The Right to Arbitrate by Litigation – A Massachusetts District Court Addresses The Factors”

John Lewis of Baker & Hostetler offers his take on the Massachusetts District Court’s decision in In re: Intuniv Antitrust Litigation, in this article published by Lexology. Explaining that “[i]mportant arbitration and waiver issues emerged from this antitrust class action environment,” Mr. Lewis reviews in particular the court’s “careful analysis of the waiver factors, basedContinue reading ““Implicit Waiver of The Right to Arbitrate by Litigation – A Massachusetts District Court Addresses The Factors””

Court Conditions Enforcement Of Arbitration Provision On Movant’s Willingness To Pay Plaintiff’s Arbitration Fees

A California appellate court has affirmed a lower court’s order that a legal malpractice defendant cannot force its former client into arbitration unless it agrees to pay all but $1000 of her arbitration fees and expenses. In Frausto v. Lawyers for Employee and Consumer Rights, APC, the lower court found that plaintiff could reasonably anticipateContinue reading “Court Conditions Enforcement Of Arbitration Provision On Movant’s Willingness To Pay Plaintiff’s Arbitration Fees”