GC Services Limited Partnership (“GC Services”), a debt collector hired by a bank to collect an allegedly unpaid balance on a credit card, advised plaintiff Francina Smith (“Smith”) that it would commence a collection...more
The background and full procedural history of this case can be found here. In sum, the dispute stems from a 2011 agreement by KT Corporation and KTSAT Corporation (“KT”), a Korean satellite communications provider, to sell...more
8/16/2018
/ Arbitration ,
Arbitration Awards ,
Breach of Contract ,
Contract Termination ,
Cross Motions ,
Foreign Trade Regulations ,
International Chamber of Commerce (ICC) ,
Mandatory Arbitration Clauses ,
Operating Agreements ,
Purchase Agreement ,
Vacated
The First Circuit recently held that an arbitration clause contained in the online contract of the ride sharing app, Uber Technologies, Inc., is unenforceable under Massachusetts law. ...more
7/24/2018
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Consumer Contracts ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Mobile Apps ,
Motion to Compel ,
Online Contracts ,
Sharing Economy ,
Terms of Service ,
Uber ,
Unenforceable Contract Terms
Foresight Energy, LLC (“Foresight”) brought an action in Missouri state court against various domestic and Bermuda and London market insurers for declaratory judgment, breach of contract and statutory vexatious refusal to pay...more
5/22/2018
/ Breach of Contract ,
Coal Mines ,
Denial of Insurance Coverage ,
Insurance Litigation ,
Mandatory Arbitration Clauses ,
McCarran-Ferguson Act ,
Motion to Remand ,
New York Convention ,
Policy Terms ,
Reverse Preemption ,
Subject Matter Jurisdiction
Alabama Municipal Insurance Corp. (“AMIC”), an Alabama non-profit public insurer, brought suit in Alabama federal court against Munich Reinsurance America Inc. (“Munich Re”), alleging breach of a reinsurance contract for...more
The Third Circuit recently affirmed the decision of a Pennsylvania district court, holding that a class action involving overtime compensation filed against the operating companies of a senior care facility is not subject to...more
In this case, a Louisiana federal court denied a motion for remand of a former machinist’s asbestos-related claim, finding that an English insurer’s removal from state court was appropriate and that the dispute could relate...more
The factual and procedural background of this case can be found here. In sum, beginning in the 1990s, the appellants, a group of Brazilian companies (collectively, “CBF”) entered into a series of contracts with Primetrade AG,...more
This case involves a putative class action filed in federal court in New York in 2015 by Spencer Meyer against Travis Kalanick, the founder of Uber Technologies, Inc., alleging that Kalanick “orchestrated and participated in...more
8/30/2016
/ Algorithms ,
Antitrust Conspiracies ,
Class Action ,
Contract Terms ,
Internet ,
Mandatory Arbitration Clauses ,
Mobile Apps ,
Motion for Reconsideration ,
Motion to Dismiss ,
Putative Class Actions ,
Sharing Economy ,
Terms of Service ,
Uber
In an unpublished decision, the Ninth Circuit recently affirmed a California district court’s denial of a motion to compel arbitration.
The case involves claims brought by a putative class action of exotic dancers under...more
The California Supreme Court has held that an arbitrator, rather than a court, has the power to decide whether class claims can proceed in arbitration, where the parties’ arbitration agreement is ambiguous on the question....more
8/8/2016
/ Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Contract ,
Federal Arbitration Act ,
Harassment ,
Mandatory Arbitration Clauses ,
Race Discrimination ,
Retaliation
In this case, Jeffrey Hedrick brought an action in Kansas federal court on behalf of himself and others similarly situated under the Fair Labor Standards Act (“FLSA”) against BNC National Bank, Hedrick’s employer. The bank...more