Contract Formation, Arbitration Agreements, Contract Terms

SIGNED BY SILENCE?: Court Finds Consumer Agreed to Arbitration By Failing To Respond to A Text Message– And Its A Little Odd

Troutman Amin LLP on 8/5/2025

Hello from the road! So contract law generally requires a party to manifest their assent to the terms of any agreement. That means while you cannot get away with saying “I didnt read the contract I signed” you generally can...more

Third Circuit Rules on ‘Mind-Bending’ Arbitration Question

Morgan Lewis on 9/9/2022

The US Court of Appeals for the Third Circuit recently issued a precedential decision on what it called “the mind-bending issue of arbitration about arbitration.” Relying on an arbitration agreement between the plaintiff and...more

Failure to comply with no oral modification provision prevented effective novation

A&O Shearman on 11/8/2021

Re-iterating the power of so-called no oral modification provisions, the Supreme Court has said that an entity could not become a party to an agreement by novation unless it could show that the agreed contractual procedure...more

Ensuring the Enforceability of Electronic Arbitration Agreements in Virtual Admission Packets

Spilman Thomas & Battle, PLLC on 10/21/2020

With the continued risk of the spread of COVID-19 in assisted care facilities, more and more facilities are implementing a virtual admissions process. This process includes providing all of the admissions documents, including...more

Does A Consumer Arbitration Agreement Apply To A Company’s Future Affiliates? The Ninth And Fourth Circuits Disagree

Morrison & Foerster LLP - Class Dismissed on 10/13/2020

If a company enters an arbitration agreement with a consumer, can its future affiliate companies enforce the arbitration agreement even though the affiliate relationship did not exist at the time the consumer signed the...more

Let Me Introduce My Affiliate: Fourth Circuit Enforces Arbitration Agreement on Motion by Affiliate, DirecTV, of Original Party to...

Carlton Fields on 8/12/2020

On August 7, 2020, the Fourth Circuit Court of Appeals confronted the question whether this class action lawsuit against, inter alia, DirecTV was covered by an arbitration agreement in the contract governing plaintiff Diana...more

Contract Formation › Arbitration Agreements › Contract Terms

SIGNED BY SILENCE?: Court Finds Consumer Agreed to Arbitration By Failing To Respond to A Text Message– And Its A Little Odd

Third Circuit Rules on ‘Mind-Bending’ Arbitration Question

Failure to comply with no oral modification provision prevented effective novation

Ensuring the Enforceability of Electronic Arbitration Agreements in Virtual Admission Packets

Does A Consumer Arbitration Agreement Apply To A Company’s Future Affiliates? The Ninth And Fourth Circuits Disagree

Let Me Introduce My Affiliate: Fourth Circuit Enforces Arbitration Agreement on Motion by Affiliate, DirecTV, of Original Party to...

The Arbitration Section In Your Employee Handbook Is Not An Agreement to Arbitrate

GAR Know-How Construction Arbitration - United States

Class Action Waivers: Silence May NOT Be Golden

What In-House Counsel Need To Know About Their Form Arbitration Clauses – Ten Foundation Questions

Contract Formation › Arbitration Agreements › Contract Terms

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