Consumer Protection › Civil Procedure › Alternative Dispute Resolution (ADR)

Florida Supreme Court Makes Clear That Concepcion Is Valid And Binding In Florida

In light of the Florida Supreme Court’s recent ruling in McKenzie Check Advance of Florida, LLC v. Betts, 38 Fla. L. Weekly S223, 2013 WL 1457843 (Fla. April 11, 2013), it is now clear that Concepcion applies to class action...more

DOJ Message To SCOTUS: Do Not Enforce Arbitration Agreements That Invalidate Federal Statutory Rights

On January 29, the U.S. Dept. of Justice filed an amicus brief supporting respondents in AmEx III, arguing that to enforce the class arbitration waiver would be to create a large loophole for important federal laws. The...more

Arbitration Clauses Are Enforceable Despite Waiver Of Classwide Arbitration Rights

Israel Flores and Andrea Naasz sued West Covina Toyota (WCT) and Toyota Motor Sales for selling them a “lemon,” alleging both individual and class action claims, including claims for violations of the Consumer Legal Remedies...more

Some Class-Action Waiver Clauses Continue to be Held Unenforceable, Even After Concepcion

In a decision dated January 7, 2013, the California Court of Appeal invalidated a mandatory arbitration and class action waiver clause in an automobile sales contract, ruling that the arbitration clause was unconscionable and...more

Supreme Court to Address Enforceability of Arbitration Agreements and Class Action Waivers Yet Again

On Friday, November 9, 2012, the Supreme Court granted certiorari in American Express Company vs. Italian Colors Restaurant, No. 12-133 to address the following question: “Whether the Federal Arbitration Act permits courts,...more

Second Circuit Holds Email Notice of Arbitration Agreement Insufficient

On September 7, the U.S. Court of Appeals for the Second Circuit held that three plaintiff consumers were not bound to arbitrate certain claims related to their purchase of a discount club membership because email notice of...more

Ninth Circuit Panel Withdraws Opinion Holding That Magnuson-Moss Warranty Act Prohibits Mandatory Arbitration Clauses in Consumer...

California is a difficult jurisdiction for sellers of consumer products, due in part to the pro-consumer Song-Beverly Consumer Warranty Act, which expands the consumer rights codified in the federal Magnuson-Moss Warranty Act...more

Second Circuit (Again) Rules that Arbitration Clauses that Diminish Vindication of Federal Claims are Not Enforceable

This article by Victoria Holstein-Childress discusses mandatory pre-dispute arbitration clauses in consumer financial services contracts and the Second Circuit Court of Appeals' February 2012 decision in In re American...more

GMA Condo Alert! (Winter 2012 edition)

Now that "the winter that never was" is finally over, we can safely reveal the Winter 2012 edition of our newsletter, featuring the Top 10 Condo Law Cases of 2011. Those of you contemplating a lawsuit or already up to your...more

Supreme Court and Congress Focus on Mandatory Pre-Dispute Arbitration Agreements

This article by Victoria Holstein-Childress and reprinted from the Westlaw Journal, Corporate Officers & Directors Liability, discusses mandatory pre-dispute arbitration clauses in consumer financial services contracts and...more

Class Action Waivers in Commercial Agreements: Comparing Their Treatment in the US and Canada by Jennifer Dolman and Matt Thompson

This article first appeared in the December 2011 issue of LJN’s Franchising Business & Law Alert. It discusses the treatment of class action waivers in commercial agreements (including franchise agreements) in the US...more

Arbitration Review of the Americas 2012: Commercial Arbitration and the Canadian Justice System: Recent Decisions of the Supreme...

Originally published in The Arbitration Review of the Americas 2012. Commercial arbitration – both domestic and international – is an established and frequently employed dispute resolution mechanism in Canada, and one...more

Class Action Waiver in Arbitration Agreement Enforced by Supreme Court

The Supreme Court held that an agreement that requires arbitration of claims only on an individual basis, and precludes class-wide arbitration, is enforceable under the Federal Arbitration Act....more

Osler Update: Supreme Court of Canada Allows Parties to Escape Arbitration Clause and Pursue Class Action

This Osler Update is a summary of the much anticipated Supreme Court of Canada decision in Seidel v. Telus Communications Inc. (Telus)which was released on March 18, 2011. At issue was whether a mandatory arbitration clause...more

Lawyer-Client Talks Relating to Mediation Cannot Be Used to Prove Malpractice Claim

Lawyer's Manual on Professional Conduct examines the recent SCOCA decision in Cassel v. Supreme Court (Wasserman, Comden, Casselman & Pearson LLP) and the issue of confidentiality in mediation with regards to legal...more

U.S. Supreme Court Bars Class-Action Arbitration Absent Contractual Agreement

In Stolt-Nielsen S.A. v. AnimalFeeds International Corporation, the United States Supreme Court recently held that a party may not be compelled under the Federal Arbitration Act (“FAA”) to submit to class...more

Court of Justice of the European Union

Nor do the principles of equivalence and effectiveness or the principle of effective judicial protection preclude national legislation which imposes, in respect of such disputes, prior implementation of an out-of-court...more

Product Liability Update - August 2009

IN THIS ISSUE: * Massachusetts Supreme Judicial Court Holds Sale Terms Mandating Individualized Arbitration of Claims Violate Public Policy of Unfair and Deceptive Practices Statute Favoring Classwide Resolution of...more

Texas Supreme Court Sends Homeowner to Arbitration With No Written Contract

This article analyzes an opinion in which the Texas Supreme Court required a homeowner, who had not signed an arbitration agreement with the builder, to arbitrate her claims of defective construction against the builder....more

Klussman v. Cross Country Bank

Klussman v. Cross Country Bank - Seminal CA choice of law consumer case

In Klussman v. Cross Country Bank, we asserted a very broad based attack on subprime credit card issuer Cross Country Bank's business practices. This published opinion was issued in response to a writ sought by Cross Country...more