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

Supreme Court Passes on Appeals of Overdraft Litigation Decisions

On October 9, the U.S. Supreme Court denied the petitions for writ of certiorari filed by plaintiffs in two cases challenging the overdraft billing practices of certain banks. Hough v. Regions Financial Corp., No. 12-1139,...more

Consumer Advocates Form "Anti-Arbitration" Organization

A group of consumer advocates have formed a nonprofit organization that seeks through mass arbitration to undermine the effect of the U.S. Supreme Court's landmark decision in AT&T Mobility LLC v. Concepcion. In that...more

Who Gets the Pet in a Divorce?

Published on the National Business Institute Continuing Legal Education (CLE) website as an installment in Michael Kaiser's Animal-Law blog. http://cleblog.nbi-sems.com/2012/02/who-gets-the-pet-in-a-divorce/...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

Supreme Court Rings in New Year with Another Ruling in Favor of Arbitration

Compucredit Corp. v. Greenwood, decided January 10, 2012 is the latest in a series of U.S. Supreme Court opinions that have come down firmly on the side of the enforceability of consumer arbitration agreements. Lining up 8-1...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

Sargeant v Terminix International

Arbitrator's Award

Terminix lied to an ordained pastor and his wife about the condition of a Newport Arkansas home they bought. Terminix said all damage in the house was repaired. In truth, it needed to be torn down. The managers responsible...more

Supreme Court Takes Up Credit Repair Case on Arbitration: Implications for Credit Counseling Agencies

AICCCA's The Independent Counselor On October 11, 2011, the U.S. Supreme Court will hear the case of CompuCredit Corp. v. Greenwood, which asks the question whether claims arising under the Credit Repair Organizations...more

Supreme Court and Congress Focus on Mandatory Pre-Dispute Arbitration Agreements: The Debate Continues

This article, reprinted from the Westlaw Journal, Corporate Officers & Directors Liability, discusses mandatory pre-dispute arbitration clauses in consumer financial services contracts and the Supreme Court's April 2011...more

The Future of Consumer Class Actions Following AT&T Mobility LLC v. Concepcion

Recent years have seen a rise in consumer class actions across the country, including California. Typically, the first battleground in these cases is at the motion to dismiss stage. In the aftermath of the United States...more

U.S. Supreme Court Tips the Scales Back Toward Arbitration

In a ruling that has garnered significant interest among employers, the U.S. Supreme Court held on Wednesday that the Federal Arbitration Act (FAA) preempts the California Supreme Court’s efforts to impose heightened...more

Concepcion Decision Not Surprising and Not the End of Consumer Class Actions

The result in AT&T Mobility LLC v. Concepcion flowed naturally from the Court's Stolt-Nielsen decision, in which the Court, in essence, held that class actions and arbitration don't mix. But no one should start writing...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

Supreme Court Hears Argument in Significant Consumer Arbitration Case

On November 9, 2010, the U.S. Supreme Court heard the much-anticipated oral argument in AT&T Mobility LLC v. Concepcion. The Concepcions, who entered into a wireless service contract with AT&T, filed a class action against...more

Legal information - News letter

Hemanth & Associates News letter with full of legal information, updates, tips and more. ...more

Supreme Court to Consider Whether Federal Arbitration Act Preempts State Law Limitations on Arbitration Agreements

On May 24, 2010, the U.S. Supreme Court granted certiorari in Mobility LLC v. Concepcion, No. 09-893, to address the question of whether the Federal Arbitration Act (FAA) preempts state law rules limiting the enforceability...more

Evolution in Arbitration

While mandatory arbitration-class action bans are not per se unconscionable, the arc of the judicial trend suggests that skepticism is the new order of the day. This article tracks this trend, which also has parallels in...more

How To Settle A Dog Bite Claim And Get The Maximum Settlement Amount For Your Injuries Without A Lawyer in California

California Dog Bite, Personal Injury and Wrongful Death Attorney Sebastian Gibson tells the secrets of how to settle a dog bite claim for the maximum value settlement without a lawyer. Whether you have an auto, car,...more

Nevada Forclosure Mediation Program, Supreme Court Order

Nevada Forclosure Mediation Program

About the Nevada Foreclosure Mediation Program CREATING THE PROGRAM Assembly Bill 149 was passed by the Nevada Legislature during the 2009 session and signed by Governor Jim Gibbons. Its purpose is to address the...more

So, your business has a legal problem: 8 useful tips to get help from your lawyer

As a business owner, you are usually run off your feet with the challenges of running your business. The last thing you need to worry about is a legal problem. Many business people put off dealing with a legal problem because...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