When a litigant seeks to compel arbitration pursuant to the Federal Arbitration Act (“FAA”), there are two issues that must be resolved: (1) whether there is an agreement to arbitrate; and, if so, (2) whether the dispute at...more
On March 31, 2022, in Airbnb, Inc. v. Doe, the Florida Supreme Court aligned itself with nearly every federal circuit1 in holding that a “clickwrap” agreement that incorporates arbitration rules expressly delegating...more
On March 31, 2022, the Florida Supreme Court issued a 6-1 decision in Airbnb Inc. v. Doe that resolved a split among Florida state appellate courts as to how specific a delegation of arbitrability must be to delegate the...more
In a recent case, the Florida Supreme Court held that an arbitration covenant contained in a developer’s original deed also bound the second owner. The case serves as a good reminder that, although a subsequent owner of...more
A recent decision of the Florida Supreme Court is a good reminder that automakers and dealers may have different arguments depending on whether consumer Magnuson-Moss Warranty Act (MMWA) claims are filed in state or federal...more
On February 18, the Florida Supreme Court ruled that a warrantor of a consumer product is not required to disclose a binding arbitration agreement as part of the warranty-related items that must be disclosed “in a single...more