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
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
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
Arsenis v. M&T Bank is a tale of two cases. The bank brought an action against Ms. Arsenis to foreclosure on a mortgage loan in New Jersey Superior Court. Through a combination of defenses and counterclaims in the foreclosure...more
2/5/2025
/ Abstention ,
Appeals ,
CARES Act ,
Compliance ,
Coronavirus/COVID-19 ,
FDCPA ,
Federal Arbitration Act ,
Financial Institutions ,
Foreclosure ,
Jurisdiction ,
Litigation Strategies ,
Mortgage Lenders ,
Mortgages ,
New Jersey ,
Popular ,
Remand ,
RESPA ,
Summary Judgment
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
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
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
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
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
On April 12, 2024, the Supreme Court issued its decision in Bissonnette v. LePage Bakeries Park St., LLC, 601 U.S. __ (2024). It unanimously held that the exception to arbitration under Section 1 of the Federal Arbitration...more
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
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
Ohio-
Statute of Limitations Under FDCPA-
Bouye v. Bruce, 6th Cir. Nos. 21-6195/22-5016 (Mar. 1, 2023).
In this appeal, the Sixth Circuit reversed in part the district court’s decision, finding that a claim brought...more
3/15/2023
/ Arbitration ,
Debt Collection ,
Derivative Suit ,
FDCPA ,
Federal Arbitration Act ,
Foreclosure ,
Forum Selection ,
Good Faith ,
Guaranty Claims ,
Investigations ,
Sheriffs Sale ,
Statute of Limitations ,
Waivers
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-
Excess Sale Proceeds Royal Oaks Landmark, LLC v. Royal Oak Cal, LLC, 12th Dist. Clermont No. CA2021-06-025, 2022-Ohio-1144-
In this appeal, the Twelfth Appellate District affirmed the trial court’s decision,...more
4/25/2022
/ Admissibility ,
Arbitration ,
Breach of Contract ,
Cause of Action Accrual ,
Contract Interpretation ,
Debtors ,
Depositions ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
FL Supreme Court ,
Foreclosure ,
Hearsay ,
Job Duties ,
Lienholders ,
Mortgages ,
Over-Time ,
Purchase Agreement ,
Statute of Limitations
In a nearly unanimous opinion, the United States Supreme Court recently held in Badgerow v. Walters that a district court cannot “look through” to the underlying controversy in order to support jurisdiction to decide a motion...more
Ohio-
Statute of Frauds-
TLOA Acquisitions, L.L.C. v. Unknown Heirs, 8th Dist. Cuyahoga No. 110002, 2021-Ohio-3678-
In this appeal, the Eighth Appellate District affirmed the trial court’s decision, agreeing that the...more
10/25/2021
/ Appellate Courts ,
Arbitration Agreements ,
Coronavirus/COVID-19 ,
Creditors ,
Declaratory Relief ,
Enforcement ,
Federal Arbitration Act ,
Final Judgment ,
Foreclosure ,
Jurisdiction ,
Loan Modifications ,
OH Supreme Court ,
Oral Contracts ,
Priority Rules ,
Settlement Agreements ,
Statute of Frauds ,
Tax Certificates
TCPA Government-Debt Exception-
Barr v. Am. Assn. of Political Consultants, ___U.S.___ (2020)
The United States Supreme Court affirmed the judgment of the U.S. Court of Appeals for the Fourth Circuit, striking down the...more
7/9/2020
/ Appellate Courts ,
Arbitration Agreements ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Constitutional Challenges ,
Content-Based Restrictions ,
Debt Collection ,
Federal Arbitration Act ,
Foreclosure ,
Free Speech ,
Government Debt-Exception ,
SCOTUS ,
Severability Doctrine ,
Strict Scrutiny Standard ,
TCPA