Stephanie Bedard

Kilpatrick

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Eighth Circuit rules OptumRx waived arbitration of two year-old claims but delegated arbitrability of newly-pled claims to an...

The Eighth Circuit partially reversed a district court ruling denying OptumRx, Inc. (“OptumRx”)’s motion to compel arbitration of Lackie Drug Store, Inc. (“Lackie”)’s putative class action, concluding OptumRx waived...more

7/30/2025 / Appeals , Arbitration , Arbitration Agreements , Class Action , Commercial Litigation , Contract Disputes , Federal Arbitration Act , Judicial Authority , Motion to Compel , Waivers

Seventh Circuit sends Menards in-store pickup fees suit to arbitration

In September 2024, the Seventh Circuit affirmed the grant of a motion to compel arbitration in a proposed class action claiming that Wisconsin-based retailer Menards used a “deceptive bait-and-switch scheme” to charge...more

9/30/2024 / Arbitration , Arbitration Agreements , Class Action , Consumer Contracts , Motion to Compel

California appellate court finds WeChat users are bound by arbitration agreement under equitable estoppel theory but remands for...

Takeaway: In Citizen Power Initiatives for China, et al. v. Tencent America LLC, et al., Nos. H049519 & H049717, 2024 WL 2266070 (Cal. Ct. App. May 20, 2024), a California appellate court found that WeChat users were bound...more

5/30/2024 / American Arbitration Association , Arbitration , Arbitration Agreements , Invasion of Privacy , WeChat

Ninth Circuit kicks data breach class actions against sporting goods retailers to arbitration

The Ninth Circuit recently affirmed a district court’s decision to grant motions to compel arbitration and dismiss without prejudice six putative class actions against sporting goods retailers based on “sufficiently...more

2/29/2024 / Arbitration , Arbitration Agreements , Class Action , Cybersecurity , Data Breach , Data Privacy , Data Protection , Data Security , Terms of Use

Illinois federal judge sends putative class action over Hyundai’s emergency crash assistance services to arbitration based on...

A district court in the Seventh Circuit recently granted a motion to compel arbitration and stay proceedings in a putative class action involving Hyundai’s Blue Link crash assistance program. Tamburo v. Hyundai, No....more

1/31/2024 / Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Clickwrap Agreements , Motion to Compel

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