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
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
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
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
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 reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
7/16/2024
/ AL Supreme Court ,
Arbitration Agreements ,
Class Action ,
Credit Reporting Agencies ,
Creditors ,
Debt Collection ,
Eviction ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Foreclosure ,
Foreclosure Sales ,
IRS ,
Mortgages ,
Motion to Exclude ,
National Bank Act ,
Open-Ended Lines of Credit ,
SCOTUS ,
TCPA ,
Truth in Lending Act (TILA)
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
Ohio-
Enforceability of Arbitration Agreement-
Bryan Costin v. Midwest Vision Partners LLC., 8th Dist. Cuyahoga No. 112651, 2024-Ohio-463.
The Eighth District Court of Appeals recently affirmed the trial court’s ruling...more
2/19/2024
/ Arbitration Agreements ,
Breach of Contract ,
Commercial Litigation ,
Consumer Protection Laws ,
CSPA ,
Damages ,
Debt ,
Employment Contract ,
Enforceability ,
Foreclosure ,
Motion to Compel ,
Oral Contracts ,
Pre-Employment Agreements ,
Promissory Notes ,
Statute of Frauds ,
Statute of Limitations ,
Tortious Interference ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
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
Conditions Precedent-
In this appeal, the Eighth Appellate Court affirmed in part the trial court’s determination that Defendant breached its contract with Plaintiff disagreeing with Defendant-appellant that Plaintiff failed...more
1/29/2024
/ Appellate Courts ,
Arbitration Agreements ,
Breach of Contract ,
Class Action ,
Class Certification ,
Commercial Arbitration ,
Commercial Contracts ,
Commercial Litigation ,
Counterclaims ,
Equitable Estoppel ,
Forfeiture ,
Lack of Jurisdiction ,
Lien Release ,
Motion to Dismiss ,
Non-Signatories ,
Summary Judgment
Intrusion Upon Seclusion-
Feasby v. Logan, 3rd Appellate District Paulding County (Ohio Ct. App. 2023)-
In this appeal, the Third Appellate District reversed the trial court’s decision to grant judgment on the pleadings...more
12/29/2023
/ American Arbitration Association ,
Arbitration Agreements ,
Breach of Contract ,
Corporate Veil ,
Emotional Distress Damages ,
Exploitation ,
FDUTPA ,
Federal Arbitration Act ,
Invasion of Privacy ,
Liquidated Damages ,
Reversal ,
Shareholders ,
Unfair or Deceptive Trade Practices
Cincinnati v. PE Alms Hill Realty, LLC, 1st Dist. Hamilton, 2023-Ohio-2784. In this appeal, the First Appellate District affirmed the trial court’s decision to grant commercial lenders summary judgment on their breach of...more
8/21/2023
/ Appeals ,
Appellate Courts ,
Arbitration Agreements ,
Business Records Exception ,
Class Action ,
Commercial Leases ,
Duty to Mitigate ,
Economic Loss Doctrine ,
Fiduciary Duty ,
Guaranty Claims ,
Motion to Compel ,
Negligence ,
Personal Liability ,
Unconscionable Contracts
Ohio-
Agent’s Liability Under Contract-
Nat’l Church Residences v. Kessler, 3rd Dist. Union, No. 2023-Ohio-1437. The Third Appellate District reversed the trial court’s decision to grant the plaintiff summary judgment,...more
Ohio-
Non-Signatory Compelling Arbitration Duff v. Christopher, 11th Dist. Lake, No. 2023-Ohio-349.
In this appeal, the Eleventh Appellate District affirmed in part and reversed in part a trial court’s decision compelling...more
Ohio-
Public Records Law-
The State Ex Rel. Ames, Appellant, v. Baker, Dublikar, Beck, Wiley & Mathews et al., Slip Op. 2022-Ohio-3990.
In this mandamus action to the Ohio Supreme Court, the Court found that Ohio’s...more
In a unanimous Opinion issued Monday, May 23, the United States Supreme Court resolved a circuit split and held that waiver of a right to arbitrate does not require a showing of prejudice to the opposing party....more
Ohio-
Statute of Frauds-
Kopsky v. MURrubber Technologies, Inc., 9th Dist. Summit Nos. 29867, 29984, 2022-Ohio-511-
In this appeal, the Ninth Appellate District affirmed the trial court’s decision, agreeing that the...more
3/15/2022
/ Arbitration Agreements ,
Attorney's Fees ,
Breach of Contract ,
Business Judgment Rule ,
Class Certification ,
Contract Terms ,
Expert Witness ,
Liens ,
Merger by Deed ,
OH Supreme Court ,
Settlement Proposals ,
Statute of Frauds