Category: Arbitration: Consumers

Arbitration, Consumers, Delegation, Gateway Issues, Unconscionability: Fifth District Vacates Parts Of Trial Court Order About Unconscionability And Arbitrability, And Upholds Delegation Clause Sending Consumer Dispute To JAMS Arbitrator

July 27, 2017 · Arbitration: Consumers, Arbitration: Delegation, Arbitration: Gateway Issues, Arbitration: Rules

Enforceable Delegation Provision Means The Buck Does Not Stop With Court, But Gets Passed To Arbitrator. Aanderud v. Superior Court (Vivint Solar Developer, LLC, Real Party In Interest), F073277 (5th Dist. 7/26/17) (Gomes, Hill, Meehan), is worth reading for its analysis of how a delegation provision is applied to a consumer arbitration, where the […]

Arbitration/Waiver/Public Policy/FAA: California Supreme Court Rules That Arbitration Provision Eliminating Any Forum For Obtaining “Public Injunctive Relief” Is Unenforceable

April 6, 2017 · Arbitration: Class, Arbitration: Consumers, Arbitration: Federal Arbitration Act, Arbitration: Public Policy, Arbitration: Waiver

Nor Is There Federal Arbitration Act Preemption. In a long-awaited and important decision, the California Supreme Court addresses the validity of a provision in a predispute arbitration agreement that waives the right to seek “public injunctive relief” as a statutory remedy in any forum. McGill v. Citibank, N.A., No. S224086 (Sup. Ct. 4/6/17). Reversing the […]

Enforcement Of Arbitration Agreement, Non-Signatories: Ninth Circuit Affirms Order Denying Samsung’s Motion To Compel Arbitration Of Class Complaint Filed By Purchaser Of Galaxy S4 Phone

January 20, 2017 · Arbitration: Consumers, Arbitration: Enforceability, Arbitration: Existence of Agreement, Arbitration: Federal Arbitration Act, Arbitration: Nonsignatories, Arbitration: Third Party Beneficiaries

Customer Agreement With Verizon And Samsung Product And Safety & Warranty Agreement In The Box Failed To Bind Plaintiff To Arbitrate. In Norcia v. Samsung Telecommunications America, LLC, et al., No 14-16994 (9th Cir. 10/17/17) (Ikuta, Thomas, Bea), Judge Ikuta provides in depth analysis of whether a 101 page brochure containing an arbitration provision […]

Automobiles, Consumers: Buyer’s Arbitration Award Exceeded $100K, And Auto Dealer Gets A “Do-Over” If Not Exactly An Appeal

November 30, 2016 · Arbitration: Automobiles, Arbitration: Consumers

Dealer Wanted To Go To Three-Arbitrator Panel After Receiving Adverse Arbitration Award, And Everyone Agreed That ADR Arbitral Forum Lacked “Appellate” Rules. So? Plenty of arbitration disputes arise from arbitration clauses in auto sales contracts and leases – hence our sidebar category, “Automobiles.”. Here’s an unusual one, based on fairly common arbitration provisions. Condon […]

Arbitration, Enforceability, Consumers: MarketWatch Reports Trump University Could Be Sued In Court Because It Didn’t Have Arbitration Clause With Students

November 22, 2016 · Arbitration: Consumers, Arbitration: Enforceability, Arbitration: Public Policy

Obama Administration Has Sought Change In Law To Prevent Educational Institutions Getting Federal Funds From Requiring Students To Sign Pre-Dispute Arbitration Clauses. Jillian Berman reports on July 22, 2016 in MarketWatch that students were able to sue Trump University in the courts because the students were not required to sign pre-dispute arbitration clauses. […]

Arbitration, Unconscionability, Consumers: Second District, Division 4 Holds Arbitration Agreement Between Low-Income Mobilehome Owners And Mobile Home Park Is Unconscionable

September 13, 2016 · Arbitration: Consumers, Arbitration: Unconscionability

Defendants’ Failure To Disclose Prohibitively Expensive Arbitration Fees To Low Income Plaintiffs Weighed Against Enforcement Of The Arbitration Provision. When 61 “primarily low-income mobilehome owners” sued Wildwood Mobile Home Country Club (“Westmont”), naturally Westmont moved to compel arbitration. After the trial court denied the motion, Westmont appealed. Unsuccessfully. Penilla v. Westmont Corporation, B262097 […]

Arbitration, Unconscionability, Consumers: Ninth Circuit Holds Arbitration Clause in 23andMe Terms Of Service Is Not Unconscionable

August 25, 2016 · Arbitration: Consumers, Arbitration: Unconscionability

Consumers With Neanderthal DNA And A Bone To Pick With 23andMe Will Need To Bring Their Clubs To Arbitration. The Neanderthal man, member of the hunting race inhabiting central France in Mousterian times. Philip Brigandi, photographer. 1924. Library of Congress. Tompkins v. 23andMe, Inc., No 14-16405 (9th Cir. Aug. 23, 2016) (Ikuta, Trott; Watford, […]

Arbitration, Homeowners: Failure To Comply With B&P Section 7191 Requirements For Prominence and Formatting Makes Arbitration Provision For Work On Residence Unenforceable

March 12, 2015 · Arbitration: Consumers, Arbitration: Homeowners

Placement and Prominence Requirements Are Key To Implementing Statutory Disclosure And Knowing Waiver Objectives In Anna-Becky Redlich v. Reliance Management Group, Inc., Case No. A140313 (1/2 March 11, 2015) (Banke, Margulies, Dondero) (unpublished), the Court of Appeal agreed with the trial court that arbitration provisions between plaintiff homeowner, and defendants design firm and construction […]

Arbitration/Enforceability/Consumers: Reasonable Person Wouldn’t Understand Purchasing A Vehicle Would Simultaneously Bind To Contract With Satellite Radio Service And Require Arbitration

November 11, 2014 · Arbitration: Class, Arbitration: Consumers, Arbitration: Enforceability

Lack Of Consent Is The Problem With The Arbitration Agreement Here. In an opinion authored by Judge Pregerson, the Ninth Circuit reverses the district court’s order dismissing a putative class action and granting Sirius XM Radio Inc.’s motion to compel arbitration. Knutson v. Sirius XM Radio Inc., No. 12-56120 (9th Cir. Nov. 10, 2014) […]

Consumer Arbitration/Employees/Enforceability/ Fees: CCP 1284.3 Prohibits Fee Shifting In Employee Arbitrations But Not On The Facts Of This Case

September 10, 2014 · Arbitration: Consumers, Arbitration: Employment, Arbitration: Enforceability, Arbitration: Fees

Court of Appeal Was Unable To Find Precedent On Whether CCP 1284.3, Pertaining To Consumer Arbitrations, Applies To Employer-Employee Arbitrations, And Reaches Its Own Conclusion On March 12, 2014, I posted about an earlier Court of Appeal decision involving the same parties and the same arbitration agreement as here, in which the Court held […]