On March 27, 2012, we posted about Marmet Health Care Center, Inc. v. Brown, 565 U.S. ___ (2012). Marmet Health, a Supreme Court case, concluded the Federal Arbitration Act does pre-empt the state public policy of West Virginia against predispute arbitration agreements applying to personal injury or wrongful death claims against nursing homes. […]
However, California Supreme Court Will Likely Make Ultimate Determination of Issues in Pending Sanchez v. Valencia Holding Co. Case Arbitration clauses in contracts for automobile purchases and leases offer fertile ground for litigation. See our April 12, 2012 post about Kolev v. Euromotors West/The Auto Gallery, 586 F.3d 1024 (9th Cir. 2011) (opinion […]
In a May 28, 2012 opinion piece in the National Law Journal, Andrew J. Pincus saw the precedent he had made, and, behold, it was very good. (Cf. Gen. 1:31 King James Version). Mr. Pincus is the attorney at Mayer Brown heralded for arguing and winning Concepcion before the Supreme Court in 2011. He […]
Axle of Evil: Opinion Withdrawn in Kolev v. Euromotors West/The Auto Gallery Was Critical of Pre-Dispute Binding Arbitration Where Automobile Problems and Magnuson-Moss Warranty Act Are Concerned On April 11, 2012, the Ninth Circuit withdrew the Opinion in Kolev v. Euromotors West/The Auto Gallery, 586 F.3d 1024 (9th Cir. 2011), explaining that it […]