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Court Finds Mass Arbitration Bellwether and Delegation Provisions Unconscionable

The district court for the Northern District of California recently denied a defendant’s motion to compel arbitration and, in so ruling, found that a bellwether provision related to mass arbitrations was unconscionable. Avia...more

Litigation Byte (June Edition)

The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

Court Excludes Class Members with Binding Arbitration Agreements

In an important decision regarding the size and potential scope of a putative class, the United States District Court for the Southern District of Ohio recently granted a defendant’s motion to exclude from a class action all...more

Threshold Arbitrability Questions: SCOTUS Rules that Courts, Not Arbitrators, Must Decide Which Contract Governs

On May 23, 2024, the Supreme Court unanimously ruled that when parties have agreed to more than one contract – one that contains a clause sending threshold arbitrability questions to an arbitrator and one that sends those...more

JAMS Announces New Mass Arbitration Rules and Procedures

Following in the footsteps of the American Arbitration Association (AAA), JAMS recently announced the creation of its own mass arbitration procedures and guidelines, designed, in part, “to facilitate the fair, expeditious,...more

SCOTUS Unanimous: Order Compelling Arbitration Requires Court to Stay, not Dismiss Case

On May 16, 2024, the Supreme Court unanimously held that when a district court compels claims to arbitration and a party has requested a stay under section 3 of the Federal Arbitration Act (FAA), the district court is...more

Am I Entitled to a Bonus? - McGlinchey Commercial Law Bulletin - February 16, 2024

Ohio- Enforceability of Arbitration Agreement- Bryan Costin v. Midwest Vision Partners LLC., 8th Dist. Cuyahoga No. 112651, 2024-Ohio-463. The Eighth District Court of Appeals recently affirmed the trial court’s ruling...more

Mass Arbitration: AAA Looks to Reign in Administrative Costs

Mass arbitration is a recent phenomenon created by enterprising plaintiffs as a direct result of a string of Supreme Court decisions that endorsed the use of class action waivers in arbitration agreements and precluded...more

Can a Non-Signatory Be Compelled to Arbitrate? - McGlinchey Commercial Law Bulletin - January 26, 2024

Conditions Precedent- In this appeal, the Eighth Appellate Court affirmed in part the trial court’s determination that Defendant breached its contract with Plaintiff disagreeing with Defendant-appellant that Plaintiff failed...more

Can I Lose the Ability to Compel Arbitration? - McGlinchey Commercial Law Bulletin - December 28 2023

Intrusion Upon Seclusion- Feasby v. Logan, 3rd Appellate District Paulding County (Ohio Ct. App. 2023)- In this appeal, the Third Appellate District reversed the trial court’s decision to grant judgment on the pleadings...more

Can My Agent Bind Me to an Arbitration Agreement with a Third Party? - McGlinchey Commercial Law Bulletin - August 18, 2023

Cincinnati v. PE Alms Hill Realty, LLC, 1st Dist. Hamilton, 2023-Ohio-2784. In this appeal, the First Appellate District affirmed the trial court’s decision to grant commercial lenders summary judgment on their breach of...more

When Do I Need to Establish Article III Standing? - McGlinchey Commercial Law Bulletin - May 2023

Ohio- Agent’s Liability Under Contract- Nat’l Church Residences v. Kessler, 3rd Dist. Union, No. 2023-Ohio-1437. The Third Appellate District reversed the trial court’s decision to grant the plaintiff summary judgment,...more

Who has Standing to Assert a TILA Violation? - McGlinchey’s Commercial Law Bulletin - February 20, 2023

Ohio- Non-Signatory Compelling Arbitration Duff v. Christopher, 11th Dist. Lake, No. 2023-Ohio-349. In this appeal, the Eleventh Appellate District affirmed in part and reversed in part a trial court’s decision compelling...more

Is My Arbitration Agreement Enforceable? - McGlinchey’s Commercial Law Bulletin - November 18 2022

Ohio- Public Records Law- The State Ex Rel. Ames, Appellant, v. Baker, Dublikar, Beck, Wiley & Mathews et al., Slip Op. 2022-Ohio-3990. In this mandamus action to the Ohio Supreme Court, the Court found that Ohio’s...more

No Harm, No Foul: Court Rules Prejudice Not Required to Establish Waiver of a Right to Arbitrate

In a unanimous Opinion issued Monday, May 23, the United States Supreme Court resolved a circuit split and held that waiver of a right to arbitrate does not require a showing of prejudice to the opposing party....more

Can I enforce the arbitration clause in a terminated agreement? - Commercial Law Bulletin

Ohio- Statute of Frauds- Kopsky v. MURrubber Technologies, Inc., 9th Dist. Summit Nos. 29867, 29984, 2022-Ohio-511- In this appeal, the Ninth Appellate District affirmed the trial court’s decision, agreeing that the...more

Can Partial Performance Prevent The Statute Of Frauds From Barring An Oral Agreement?- The Bullet Point: A Commercial Law Bulletin

Ohio- Statute of Frauds- TLOA Acquisitions, L.L.C. v. Unknown Heirs, 8th Dist. Cuyahoga No. 110002, 2021-Ohio-3678- In this appeal, the Eighth Appellate District affirmed the trial court’s decision, agreeing that the...more

What Can I Recover For Breach Of My Contract? - The Bullet Point: A Commercial Law Bulletin

Statute of Frauds- Csizmadia v. Gilkey, 5th Dist. Morgan No. 20AP0006, 2021-Ohio-2760 In this appeal, the Fifth Appellate District affirmed the trial court’s decision, agreeing that the property owners could not assert a...more

The Bullet Point: Ohio Commercial Law Bulletin Have My Trade Secrets Been Misappropriated? Volume 5, Issue 2

Unconsionability Defense to Arbitration- Sebold v. Latina Design Build Group, L.L.C., 8th Dist. Cuyahoga No. 109362, 2021-Ohio-124 In this appeal, the Eighth Appellate District affirmed the trial court’s decision agreeing...more

The Bullet Point: Ohio Commercial Law Bulletin: Is my Agreement Ambiguous? Volume 4, Issue 20

G Challenges to Arbitration Award- Hughes v. Hughes, 10th Dist. Franklin No. 19AP-865, 2020-Ohio-5026- In this appeal, the Tenth Appellate District affirmed the trial court’s decision and confirmed an arbitration award... ...more

Is my conduct a violation of the Consumer Sales Practices Act?

The Bullet Point: Ohio Commercial Law Bulletin Is my conduct a violation of the Consumer Sales Practices Act? Volume 4, Issue 18 October 2, 2020 Unconscionable arbitration agreement Klonowski v. Lynch, 8th Dist. Cuyahoga...more

Am I subject to the Consumer Sales Practices Act?

The Marketable Title Act - Garden Botanical Garden v. Drewien, 8th Dist. Cuyahoga No. 108536, 2020-Ohio-1278 - In this case, the Eighth Appellate District affirmed in part and reversed in part the trial court’s...more

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