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Class Action › Arbitration Agreements › Motion to Dismiss

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
McGlinchey Stafford

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

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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

Ballard Spahr LLP

Texas federal court enforces arbitration agreement and dismisses class action lawsuit filed against fintech company for evading...

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A Texas federal court has dismissed a class action lawsuit against Opportunity Financial, LLC (“OppFi”) alleging OppFi violated Texas usury law by charging interest on loans it made through a partnership with a...more

Fisher Phillips

Round One of Critical New Prime Battle Goes To Gig Businesses

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Great news for gig economy businesses from an Illinois federal court: a judge recently ruled that Grubhub’s delivery drivers were not operating in “interstate commerce,” and therefore were not excluded from the company’s...more

Holland & Knight LLP

Supreme Court to Clarify Applicability of Arbitration Act to Transportation Contracts

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On Feb. 26, 2018, the U.S. Supreme Court granted certiorari in New Prime Inc. v. Oliveira, which should provide guidance as to the circumstances in which the Federal Arbitration Act (FAA) applies to interstate transportation...more

Carlton Fields

Applying Kentucky Law, Sixth Circuit Finds Continued Employment Constitutes Assent To Arbitration Agreement

Carlton Fields on

During the time Plaintiffs Aldrich and Nolan worked as recruiters for the University of Phoenix, they allegedly signed an electronic form acknowledging their understanding of updated terms to the employee handbook. The...more

Carlton Fields

Failure To Pay Costs Did Not Materially Breach Arbitration Agreement In Light Of Legitimate Dispute As To The Forum

Carlton Fields on

A New Jersey appellate court affirmed an order dismissing a class action and compelling individual (non-class) arbitration. The underlying arbitration agreements provided that the defendant car dealership would pay all costs...more

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