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Arbitration Agreements › Motor Vehicles

Fishman Haygood LLP

U.S. Sixth Circuit, En Banc, Reverses GM Transmission Certification on Commonality and Predominance Grounds

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In a previous JD Supra article, I wrote about the Sixth Circuit Court’s initial decision, which upheld class certification for the matter despite GM’s challenges to Article III and predominance, in the case of Speerly v....more

Carlton Fields

Pennsylvania’s “One-Document Rule” Invalidates Carvana’s Arbitration Agreement

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Dana Jennings and Joseph Furlong each bought a car from Carvana, a nationwide online used car dealer. On the day of their purchases, each signed three separate documents: a “retail purchasing agreement,” a “retail installment...more

Carlton Fields

Texas Supreme Court Remands Case in Light of Recent Ruling That Arbitrator Must Determine Arbitrability for AAA Arbitration...

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In a lawsuit brought by a car dealership (Lone Star) against a car auction company (Alliance), the latter moved to compel arbitration as a third-party beneficiary of an agreement between Lone Star and a separate company that...more

Carlton Fields

Court Upholds Arbitration Provision Despite Allegations of Fraud in Contract’s Execution

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The dispute involved the potential trade-in of a car and the purchase of a pickup truck by two customers at a car dealership. During the course of the transaction, one of the customers signed a document that he later learned...more

Robins Kaplan LLP

Financial Daily Dose 1.28.2020 | Top Story: Markets Tumble as Fears Spread Over Coronavirus Epidemic

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A mounting death toll (over 106 and counting) and fears of a coronavirus pandemic sent markets tumbling early on Monday and kicked off a selloff that continued all day....more

Carlton Fields

Court Directs Arbitration Where Plaintiff Acknowledges the Parties Agreed to Do So

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The plaintiff entered into a retail installment contract with New Century Auto Sales for the purchase of a used car. The contract included an arbitration provision that stated that either the plaintiff or the defendants may...more

Carlton Fields

Tenth Circuit Finds That Arbitration Agreement Governs Dispute

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The Tenth Circuit has determined that an arbitration agreement included as part of a set of agreements executed in connection with the purchase of a pickup truck applied to a dispute over a replacement set of agreements that...more

Carlton Fields

Fifth Circuit Remands To Determine Whether Jurisdiction Existed For Appeal Of Denial Of Motion To Compel Arbitration

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The underlying dispute involved allegations of breach of warranty and deceptive trade practices based on a sale of an allegedly defective car. The Fifth Circuit explained that the FAA, which governed the alleged arbitration...more

McNees Wallace & Nurick LLC

Auto Notes - December 2014

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In This Issue: - Retail Vehicle Installment Sale Contracts Now Regulated under PA Consumer Credit Code’s Motor Vehicle Sales Finance Provisions - Arbitration Clauses Referencing American Arbitration...more

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