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Non-Signatories Putative Class Actions

Benesch

DCD Compels Arbitration for TCPA Class Action Despite Being Non-Signatory to Agreement

Benesch on

The District of Massachusetts’s recent decision in Fairfield v. DCD Auto. Holdings, Inc., No. 22-cv-11977, 2023 U.S. Dist. LEXIS 109463 (D. Mass. June 26, 2023) serves as a key reminder for businesses not only to have...more

Mintz - Arbitration, Mediation, ADR...

Eleventh Circuit Adjudicates the Delegation Issue with Respect to “Class Arbitrability” No Differently Than for Bilateral...

The U.S. Supreme Court has pointed out consistently in recent years that the relatively new construct of “class arbitration” is very different from your uncle’s classic bilateral arbitration. (“Class arbitration” signifies...more

Ballard Spahr LLP

Seventh Circuit Denies Arbitration of Accountholder Daughter’s TCPA Class Action Claims

Ballard Spahr LLP on

In A.D. vs. Credit One Bank, N.A., the U.S. Court of Appeals for the Seventh Circuit reversed a district court order compelling individual arbitration of a putative class action for Credit One's alleged violations of the...more

Carlton Fields

First Circuit Affirms Denial Of Motion To Compel Arbitration Of Non-Signatory Employee’s Wage And Hour Claims

Carlton Fields on

As a condition of plaintiff Ouadani’s employment with defendant TF Final Mile LLC (f/k/a/ Dynamex Operations East, LLC (Dynamex)) as a delivery driver, Ouadani was required to associate with Dynamex’s vendor, Birtha Shipping...more

Proskauer - Minding Your Business

Arbitration Clauses Extending to Non-Signatory Affiliates: Are They Enforceable?

A recent decision of the New Jersey Court of Appeals considered the enforceability of arbitration agreements by non-signatories. In Foti v. Toyota Motor Sales, U.S.A., Inc., the plaintiff filed a putative class action...more

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