Dispelling Common Myths About Reps & Warranties Insurance (Part Two)
M&A Auction Process
Bill on Bankruptcy: Junk Debt Interest Rates at 30-Year Low
This article explores practical steps a solar array owner or operator can take now to better position itself to make warranty-related claims five, 10 or even 25 years into the future. These tips are based on my experience...more
Key Points: Consider including third parties or remote parties to a complaint. Arbitration clauses can appear in various contracts, including product warranties. The potential dangers of agency relationships in construction....more
On February 18, 2021, the Florida Supreme Court held that binding arbitration of a consumer product warranty claim is categorically different from an informal dispute settlement program under the Magnuson-Moss Warranty Act...more
Allie Gaiter* is a lifelong resident of Louisiana and has owned a modest home in Pierre Part, Louisiana for the past 20 years. Allie recently noticed damaged wood around her kitchen window and discolored sheetrock in the...more
This case involved a twist on the classic “shrinkwrap” agreement. Here, plaintiff homeowners brought a putative class action seeking damages and declaratory relief on behalf of a class of building owners who had used Tamko...more
Elevated warranty expenses for Original Equipment Manufacturers (OEMs) are expected to continue in 2018, and automotive suppliers can expect to continue paying a greater per-vehicle share of these expenses. Because OEM...more
A pair of recent opinions proves that when it comes to compelling arbitration in a consumer class action, presentation of the arbitration clause may matter more than favorable Supreme Court precedent. First, in Norcia v....more
The Ninth Circuit issued two similar opinions arising out of Samsung’s appeals of orders denying arbitration in two putative class actions filed against it. The claims against Samsung allege that the smartphone maker...more
Adding more complexity to the issue of arbitration contract formation, the Ninth Circuit has rejected Samsung's attempt to compel individual arbitration of fraud claims asserted by plaintiffs in two class actions. Ruling in...more
Faced with the rising costs of doing business in our increasingly litigious society, today's employers are looking at any way to manage fees and costs associated with resolving disputes over employment decisions. Some of the...more
The Federal Trade Commission (FTC) recently announced its decision to retain a ban on mandatory arbitration provisions in warranty claims made under the Magnuson-Moss Warranty Act (MMWA). The FTC’s decision was announced in...more
In This Issue: ..Massachusetts Supreme Judicial Court (Finally) Enforces Agreement for Individualized Arbitration of Unfair and Deceptive Practices Claims Following United States Supreme Court Decision Reversing...more
Because of time constraints and the desire to get the business, subcontractors and suppliers routinely sign lengthy subcontracts and master service agreements without closely reading the terms and conditions. ...more