Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.
Court Finds Arbitral Forum’s Decision to Consolidate Cases is Not a Gateway Arbitrability Question
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 FAA because the defendant did not refuse to arbitrate.
Court Refuses to Enjoin Mass Arbitration on Personal Jurisdiction Grounds
Recently, the District Court in the District of Colombia rejected a company’s attempt to preliminary enjoin more than 1,000 customers from proceeding to arbitrate claims in California.
Court Enjoins Landlord from Reporting Withheld Rent Payments to Credit Reporting Agencies
On March 11, 2025, the New York County Civil Court issued an injunction under the NYFCRA barring a landlord from reporting to the credit reporting agencies the withheld rent payments, notwithstanding the court’s lack of jurisdiction to award injunctive relief.
EDVA Grants Summary Judgment in Favor of Defendant in Putative Class Action Involving Allocation of Mortgage Payments
The Eastern District of Virginia granted summary judgment in a putative class action alleging violations of fair debt collection provisions of the West Virginia Consumer Credit and Protection Act.
Ohio Court Navigates the Complexities of Lemon Law Claims
A recent case demonstrates the difficulty of deciding a lemon law claim on summary judgment.
