SCOTUS Says: Hobbs Act Does Not Bind a District Court to the FCC’s Interpretation of a Statute -
On May 1, 2025, the American Arbitration Association’s new amendments to the Consumer Arbitration Rules officially went into...more
7/7/2025
/ Appeals ,
Arbitration ,
Class Action ,
Consumer Contracts ,
Consumer Protection Laws ,
Consumer Reporting Agencies ,
Credit Reporting Agencies ,
Fair Credit Reporting Act (FCRA) ,
FCC ,
Federal Arbitration Act ,
Hobbs Act ,
Jurisdiction ,
Litigation Strategies ,
Mortgage Lenders ,
Motion to Compel ,
OH Supreme Court ,
Opt-Outs ,
RESPA ,
SCOTUS ,
Statutory Interpretation ,
TCPA
In a unanimous opinion, the Ohio Supreme Court held that a trial court is not required to first hold an oral hearing on a motion to compel arbitration under Ohio’s Arbitration Act (R.C. 2711 et. seq.) if no party requests a...more
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more
6/5/2025
/ American Arbitration Association ,
Appeals ,
Arbitration ,
Class Action ,
Consumer Protection Laws ,
Debt Collection ,
Disclosure Requirements ,
FDCPA ,
Litigation Strategies ,
Motion to Dismiss ,
Standing ,
Truth in Lending Act (TILA)
On May 1, 2025, the American Arbitration Association’s (AAA) new amendments to the Consumer Arbitration Rules officially went into effect. While not a complete overhaul, the revisions impact many of the existing rules while...more
5/20/2025
/ American Arbitration Association ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Consumer Protection Laws ,
Dispute Resolution ,
Fees ,
Judicial Intervention ,
Mediation ,
New Rules ,
Regulatory Reform ,
Transparency
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.
...more
4/1/2025
/ Appeals ,
Arbitration ,
Class Action ,
Consumer Protection Laws ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
Jurisdiction ,
Landlords ,
Lemon Laws ,
Litigation Strategies ,
Mortgages ,
Summary Judgment
The Ninth Circuit Court of Appeals affirmed a district court’s decision to deny the plaintiff’s motion to compel arbitration, finding that the plaintiff was not an “aggrieved” party within the meaning of the Federal...more
Companies facing the threat of mass arbitration continue to seek judicial intervention to thwart such tactics. However, most of those attempts have failed. Recently, the District Court in the District of Colombia rejected a...more
The District of Maryland rejected a plaintiff’s arguments that a debt collector’s verification of a debt in response to a letter refusing to pay, but disputing the debt, violated the cease communication directive under the...more
In a decision with potentially wide-ranging implications, the Fourth Circuit Court of Appeals reversed a district court’s decision to deny a national bank’s motion to compel arbitration, finding that amendments to the...more
2/18/2025
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Business Litigation ,
Class Action ,
Compliance ,
Dispute Resolution ,
Federal Arbitration Act ,
Federal Rules of Civil Procedure ,
Military Lending Act ,
Servicemembers Civil Relief Act (SCRA) ,
Veterans
A recent opinion from a federal court in North Carolina emphasizes how difficult it is to succeed on a motion to dismiss a lawsuit arising under the FCRA. Rejecting a challenge to a plaintiff’s standing and the timeliness of...more
12/6/2024
/ Arbitration ,
Arbitration Agreements ,
Delegation Clauses ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Federal Arbitration Act ,
Foreclosure ,
Mediation ,
Mortgage Servicers ,
Motion to Dismiss ,
Pro Se Litigants ,
Truth in Lending Act (TILA) ,
Willful Violations
Recently, the Ninth Circuit Court of Appeals affirmed a district court’s decision finding a delegation clause in an arbitration agreement to be both procedurally and substantively unconscionable and, moreover, that...more
11/26/2024
/ Anticompetitive Behavior ,
Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Class Action ,
Delegation Clauses ,
Event Tickets ,
Federal Arbitration Act ,
Sherman Act ,
Ticketmaster ,
Unconscionable Contracts
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.
4th Circuit Holds Rental Applicant Lacks Standing...more
11/1/2024
/ Abusive Acts ,
Arbitration ,
Arbitration Agreements ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
Injury-in-Fact ,
Jurisdiction ,
Landlords ,
Mortgage Lenders ,
Office of Foreign Assets Control (OFAC) ,
SCOTUS ,
Subject Matter Jurisdiction ,
TCPA ,
Uniform Commercial Code (UCC) ,
Unsolicited Faxes
In Beard, the buyers under a retail installment sales contract filed claims against the car dealership they purchased the vehicle from and the indirect auto finance company that ultimately financed the purchase. In response,...more
Court Finds Mass Arbitration Bellwether and Delegation Provisions Unconscionable -
The district court for the Northern District of California recently denied a defendant’s motion to compel arbitration and, in so ruling,...more
9/27/2024
/ Arbitration ,
Arbitration Agreements ,
Attorney's Fees ,
Bellwether Verdicts ,
Debt Collection ,
Discovery ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
Motion to Compel ,
Online Gaming ,
Regulation Z ,
TCPA ,
Truth in Lending Act (TILA)
The district court for the Northern District of California recently denied a defendant’s motion to compel arbitration and, in so ruling, found that a bellwether provision related to mass arbitrations was unconscionable. Avia...more
The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format will reflect McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
7/1/2024
/ AL Supreme Court ,
Arbitration ,
Borrowers ,
Business Litigation ,
Commercial Court ,
Commercial Litigation ,
Counterclaims ,
FDCPA ,
FDUTPA ,
Federal Arbitration Act ,
First Impression ,
Foreclosure ,
Legal Fees ,
Motion to Compel ,
Regulation F ,
RESPA ,
SCOTUS
In an important decision regarding the size and potential scope of a putative class, the United States District Court for the Southern District of Ohio recently granted a defendant’s motion to exclude from a class action all...more
On May 23, 2024, the Supreme Court unanimously ruled that when parties have agreed to more than one contract – one that contains a clause sending threshold arbitrability questions to an arbitrator and one that sends those...more
Following in the footsteps of the American Arbitration Association (AAA), JAMS recently announced the creation of its own mass arbitration procedures and guidelines, designed, in part, “to facilitate the fair, expeditious,...more
On May 16, 2024, the Supreme Court unanimously held that when a district court compels claims to arbitration and a party has requested a stay under section 3 of the Federal Arbitration Act (FAA), the district court is...more
5/17/2024
/ Arbitration ,
Arbitration Agreements ,
Certiorari ,
Dismissals ,
Federal Arbitration Act ,
Franchises ,
Judicial Proceedings ,
Mandatory Arbitration ,
SCOTUS ,
Smith v Spizzirri ,
Stays
In Biotricity, Inc. v. DeJohn, 8th Dist. Cuyahoga No. 113216, 2024-Ohio-1593, the Ohio Eighth Appellate District found that the trial court erred by refusing to stay discovery pending a ruling on a motion to compel...more
Mass arbitration is a recent phenomenon created by enterprising plaintiffs as a direct result of a string of Supreme Court decisions that endorsed the use of class action waivers in arbitration agreements and precluded...more
Oral Contract claims-
Scott v. First Choice Auto Clinic, Inc., 10th Dist. Franklin No. 2023-Ohio-3855.
In this appeal, the Tenth Appellate District affirmed in part and reversed in part the trial court’s decision to...more
11/17/2023
/ Administrative Remedies ,
Arbitration ,
Breach of Contract ,
Civil Rights Act ,
Collateralized Debt Obligations ,
Commercial Litigation ,
Deposit Accounts ,
Fair Credit Reporting Act (FCRA) ,
Florida ,
Garnishment ,
Motion to Compel ,
Oral Contracts ,
Statutory Damages ,
Uniform Commercial Code (UCC) ,
Unjust Enrichment ,
Willful Violations
Ohio-
Conversion-
Bradford v. A Star Properties, LLC, 9th Dist. Summit No. 2023-Ohio-3451- In this appeal, the Ninth Appellate District affirmed the trial court’s decision to grant defendants judgment on a claim for...more
9/29/2023
/ Arbitration ,
Causation ,
Commercial Litigation ,
Contract Price ,
Contract Terms ,
Conversion ,
Documentation ,
Fair Market Value ,
FDUTPA ,
Florida ,
Foreclosure ,
Indemnification ,
Liens ,
Notice Requirements ,
OH Supreme Court ,
Property Owners ,
Third-Party ,
Unjust Enrichment ,
Written Agreements
Resolving a circuit split, the Supreme Court ruled that litigation, including discovery, is automatically stayed when a party appeals the denial of a motion to compel arbitration under the Federal Arbitration Act (FAA). ...more
6/29/2023
/ Arbitration ,
Automatic Stay ,
Coinbase ,
Coinbase Inc v Bielski ,
Cryptocurrency ,
Dissenting Opinions ,
Federal Arbitration Act ,
Interlocutory Appeals ,
Motion to Compel ,
Online Platforms ,
Pre-Trial Motions ,
SCOTUS ,
Stays