General Business Alternative Dispute Resolution (ADR) Products Liability

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Another California Court Does Backflips To Thwart Arbitration And Elevate The Class-Action Device

The hostility of some California courts to arbitration—and their resistance to preemption under the Federal Arbitration Act (FAA)—has produced nearly three decades of U.S. Supreme Court reversals. The most recent is AT&T...more

Despite Delay, Failure to Plead, and Participation in Litigation, Federal Court Enforces Arbitration Clause

Mandatory arbitration clauses have proven to be very powerful weapons employed by businesses to avoid the duration, expense, and often times negative publicity associated with protracted litigation in both federal and state...more

Class Action Quarterly - Winter 2013, Volume 2, Issue 1

In This Issue: - Is the Ascertainability “Requirement” Plaintiffs’ New Foe? - Whirlpool and Butler: Liability-Only Classes in a Post-Comcast World - Recent Cases of Note - Excerpt from Is the Ascertainability...more

Court of Appeals Compels Arbitration, Not Class Litigation

The role of alternative dispute resolution mechanisms in alleged consumer product defect cases continues to be a hotly disputed issue. Plaintiff lawyers prefer the class action device, with its ability to pressure blackmail...more

Condominium Developer Cannot Enforce CC&R's After Selling All Units: Promenade at Playa Vista Homeowners Association v. Western...

This month the Second District Court of Appeal concluded that the developer of a condominium complex lacked standing to enforce the declaration of covenants, conditions, and restrictions (CC&R's) after it had sold all the...more

Product Liability Update - July 2011

In This Issue: - United States Supreme Court Holds State Law Rule Mandating Classwide Arbitration of Consumer Claims Stands as Obstacle to Purposes of Federal Arbitration Act and Is Therefore Preempted - United...more

AT&T v. Concepcion in Drug/Device Cases?

Like everybody else we took a look at the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, slip op., 131 S. Ct. 1740 (U.S. 2011), on the Federal Arbitration Act’s preemption of state law limiting the...more

Appellate Update

Since Chief Justice John Roberts’ appointment in 2005, three more new justices have joined the United States Supreme Court—Justice Samuel Alito in 2006, Justice Sonia Sotomayor in 2009, and Justice Elena Kagan last year....more

Newsletter on Arbitration, Chops and CCC-Certification

Arbitration, the alternative to Chinese courts: all about the Chinese Arbitration Law and CIETAC, the China International Economic and Trade Arbitration Commission Chop till you drop: all about the new invoice...more

Is An Arbitration Provision In Recorded CC&Rs Ever Enforceable By The Developer?

Note To Reader: As this article goes to press, the Fourth District Court of Appeal has received the parties’ supplemental briefs, and is preparing to rehear Villa Vicenza Homeowners Association v. Nobel Court Development,...more

Spring 2009 Building & Bonding: The Construction Group Newsletter

IN THIS ISSUE: *“The Writing Is on the Wall”: Defective Drywall Claims Prompt More Legal Action *Federal Circuit Affirms $50 Million Civil Fraud Verdict Against Korean Construction Contractor *Under New York Case Law,...more

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