Author Archives: Robert Harris

In Guan v. BMW of North America, LLC, a California District Court, acknowledging a split of authority, held that an automobile manufacturer could not compel arbitration of a purchaser’s claims regarding defects in a new car based on a provision in the purchase agreement that required arbitration of claims between the purchaser and the dealerContinue reading “Automobile Manufacture Cannot Leverage Purchaser’s Agreement With Dealer To Compel Arbitration”

Amy Hoyt and Greg Kettles of Best Best & Krieger have authored this article, available in JD Supra, discussing the appellate decision in Langere v. Verizon Wireless Services, holding that “[a] plaintiff may not avoid arbitration and manufacture appellate jurisdiction simply by voluntarily dismissing his claims.”

The North Dakota has overruled a lower court’s order compelling arbitration of a consumer’s claim against a time share provider. The consumer alleged high pressure sales tactics, as follows: “she attended a sales meeting with a Diamond Resorts representative, the sales meeting lasted approximately five hours, and she asked to leave the meeting on atContinue reading “Court Holds That Judiciary, Not The Arbitrator, Must Determine Whether An Enforceable Contract Exists”

In Sanh v. Opportunity Financial, LLC, a Washington District Court rejected a lender’s assertion that claims of usurious conduct brought by a borrower should be arbitrated under terms of the loan agreement. As the court explained, “Between April and August 2019, plaintiff entered into three loan agreements with FinWiseBank C/O Opportunity Financial, LLC. Each successiveContinue reading “Court Holds That Loan Refinancing Obviated Enforceability Of Arbitration Provision In Original Loans”

The National Law Review has published this article by Frederick Acomb and Emily Ladd of Miller Canfield, discussing the Third Circuit’s recent decision in Pennsylvania National Mutual Casualty Insurance Group v. New England Reinsurance Corp., Nos. 20-1635, 20-1872, 2020 WL 7663878 (3d Cir. Dec. 24, 2020), where the court “held that an arbitration award filedContinue reading ““Third Circuit Holds That an Arbitration Award Was a Judicial Record and Must Be Unsealed””

Kristin Bryan and Meghan Quinn of Squire Patton Boggs have this article in The National Law Review, discussing the Illinois District Court decision in  Sosa v. Onfido, Inc., 2021 U.S. Dist. LEXIS 658 (N.D. Ill.) refusing to compel arbitration of a lawsuit brought under Illinois’ Biometric Information Privacy Act.

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”

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”

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”

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”