On March 11, the U.S. Court of Appeals for the Fourth Circuit affirmed the district court’s denial of a motion to compel arbitration in two class-action lawsuits. The decision potentially has far-reaching implications for the...more
3/14/2025
/ Arbitration ,
Arbitration Agreements ,
Choice-of-Law ,
Class Action ,
Consumer Contracts ,
Contract Modification ,
Contract Terms ,
Credit Cards ,
Dispute Resolution ,
Federal Arbitration Act ,
Illusory Contracts ,
Interest Rates ,
Maryland ,
Motion to Compel ,
Unfair or Deceptive Trade Practices
On February 28, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s denial of a petition to compel individual arbitration against Starz Entertainment, LLC. The court held that the plaintiff, who...more
3/5/2025
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Breach of Contract ,
Case Consolidation ,
Class Action ,
Contract Terms ,
Dispute Resolution ,
Federal Arbitration Act ,
Jurisdiction ,
Motion to Compel ,
Multidistrict Litigation ,
Terms of Service
On January 27, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued a significant opinion holding that the Servicemembers Civil Relief Act (SCRA) does not prohibit the enforcement of arbitration...more
1/29/2025
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Consumer Financial Contracts ,
Consumer Financial Products ,
Dispute Resolution ,
Federal Arbitration Act ,
Financial Institutions ,
Financial Services Industry ,
Mandatory Arbitration ,
Military Lending Act ,
Servicemembers Civil Relief Act (SCRA)
A recent ruling by the U.S. Court of Appeals for the Seventh Circuit affirming a decision compelling arbitration provides a “how to” guideline for using online terms and conditions to form a binding agreement....more
9/9/2024
/ Appeals ,
Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
Binding Arbitration ,
E-Commerce ,
Failure To Disclose ,
Federal Arbitration Act ,
Internet Retailers ,
Motion to Compel ,
Online Contracts ,
Terms and Conditions
Yesterday, the U.S. Supreme Court issued a unanimous decision in Smith v. Spizzirri holding that § 3 of the Federal Arbitration Act (FAA) requires district courts to issue an order staying a federal case pending the outcome...more
The U.S. Court of Appeals for the Ninth Circuit recently reversed a district court’s ruling, which had denied a motion to compel arbitration of Opportunity Financial (OppFi) on the basis that the arbitration clause was...more
Last week the U.S. Supreme Court issued a 5-4 decision in Coinbase, Inc. v. Bielski, holding that a district court must stay its proceedings while an interlocutory appeal on the question of arbitrability is pending. The...more
6/26/2023
/ Arbitration ,
Automatic Stay ,
Coinbase ,
Coinbase Inc v Bielski ,
Cryptocurrency ,
Federal Arbitration Act ,
Griggs v Provident Disc Co ,
Interlocutory Appeals ,
Motion to Compel ,
SCOTUS ,
Stays
The U.S. Supreme Court significantly limited the jurisdiction of federal courts to confirm or vacate arbitral awards under Sections 9 and 10 of the Federal Arbitration Act (FAA) in Badgerow v. Walters. The Court confirmed its...more