Category Archives: Uncategorized

In Landry v. Transworld Systems Inc., the Massachusetts Supreme Court rejected an attempt by a collection company to channel into arbitration a class action brought by a rental car company customer, who claimed that the collection company, “by virtue of its too frequent telephone contact with him and other debtors, had engaged in improper debtContinue reading “Collection Agency Cannot Invoke Arbitration Clause Contained In Underlying Contract Between Consumer And Rental Car Company”

“Lawsuit seeks to enforce mediation deal over Indiana estate.” Stephen Betts has this article in VillageSoup, which begins: “A participant in the protracted lawsuit over production rights to the work of the late artist Robert Indiana has asked a federal court to order the estate to abide by a supposed binding mediation agreement that wouldContinue reading “Not So Fast: Litigation Has Been Filed To Enforce Alleged Mediation Agreement Regarding Artist Robert Indiana”

The United States District Court for the District of Tennessee has denied a lawn care provider’s motion to strike class allegations, rejecting the company’s contention that a dispute with a consumer required arbitration. According to the court, allegations that telemarketing calls to plaintiff after she cancelled her service did not arise before expiration of theContinue reading “Federal Court Determines Claims Arising Following Cancellation Of Consumer Agreement Are Not Arbitrable”

A California Court of Appeal, in Felisilda v. FCA US LLC, has held that a used car purchaser’s claims against the dealer and the manufacturer were all appropriately addressed in arbitration, even though the manufacturer was not a party to the arbitration agreement, whose operative language provided as follows: “Any claim or dispute, whether inContinue reading “Car Manufacturer Prevails In Effort To Arbitrate Claims Even Though It Was Not A Party To The Agreement”

Foley Hoag LLP attorneys Christopher Feudo, Crhistian Garcia and Jonathan Keselenko have authored this article in JDSupra, discussing the First Circuit’s decision in Waithaka v. Amazon.com, Inc.

The Minneapolis Star Tribune has this article from the Associated Press reporting that “[t]he judge overseeing a dispute between Georgia’s governor and the state’s capital over restrictions related to the COVID-19 pandemic has ordered the two sides to try to reach a settlement.”

Proskauer Rose LLP Attorneys Kate Gold, Philippe A. Lebel and Cole D. Lewis have this article in The National Law Review, discussing the court’s decision in Collie v. The Icee Co. The article explains the holding that, notwithstanding precedent upholding broad arbitration language, under PAGA an employee stands in the shoes of the state, andContinue reading “California Appeals Court Holds That Employees’ Claims Under The Private Attorney General Act Are Not Subject To Arbitration”

The Connecticut Appellate Court has affirmed an arbitration award in favor of a physician against his former practice. In The Norwalk Medical Group, P.C. v. Yee, the court affirmed an award granting the physician the benefits of a buyout against the practice, but denied recovery against the individual physicians of the group. The court rejectedContinue reading “Physician’s Award In Arbitration Against Medical Practice Affirmed By Connecticut Appellate Court”

The Fourth Circuit in this decision has affirmed a lower court’s denial of a motion to compel arbitration of a dispute arising under payday loan agreements, holding that the arbitration agreements “operated as prospective waivers” a party’s right to pursue statutory remedies.

JDSupra has published this article, by Alex Silverman of Carlton Fields, discussing the decision in Martin v. NTT Data, Inc., No. 2:20-cv-00686 (E.D. Pa. June 23, 2020).