-
1 month ago | 
openlegalblogarchive.org | David Anthony |Stefanie Jackman |Ethan G. Ostroff |Mary C. Zinsner
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 enforceability of arbitration clauses in consumer contracts, particularly those involving unilateral modification provisions. Case BackgroundThe appellants are companies that market and service credit card accounts on behalf of the credit-card issuing banks.
-
1 month ago | 
lexology.com | David Anthony |Stefanie Jackman |Ethan G. Ostroff |Mary C. Zinsner
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 enforceability of arbitration clauses in consumer contracts, particularly those involving unilateral modification provisions. Case BackgroundThe appellants are companies that market and service credit card accounts on behalf of the credit-card issuing banks.
-
1 month ago | 
lexology.com | Matthew Adler |David Anthony |Kalama Lui-Kwan |Justin Weber |Mary C. Zinsner
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 objected to JAMS’ decision to consolidate arbitration proceedings, was not aggrieved under the Federal Arbitration Act (FAA) because Starz never failed, neglected, or refused to arbitrate.
-
Jan 3, 2025 | 
jdsupra.com | Mary C. Zinsner
On December 18, the U.S. District Court for the Southern District of New York granted a bank’s motion to dismiss the complaint in a case involving wire transfers of an elderly customer who was the victim of an internet scam. BackgroundThe case arose when a 79-year-old customer fell victim to an internet scam in January 2023. Fraudsters convinced the customer that his financial accounts were under threat from foreign hackers.
-
Nov 1, 2024 | 
jdsupra.com | Ethan G. Ostroff |Mary C. Zinsner
On October 18, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s vacatur of a maritime attachment order, providing a detailed analysis of the requirements for personal and in rem jurisdiction over attached property under the Federal Rules of Civil Procedure. In Ultra Deep Picasso Pte. Limited (Ultra Deep) v.
-
Oct 7, 2024 | 
jdsupra.com | Massie P. Cooper |Kalama Lui-Kwan |Mary C. Zinsner
The U.S. Court of Appeals for the Fourth Circuit recently affirmed a district court’s decision denying a defendant’s motion to compel arbitration, underscoring the importance of clear and conspicuous notice in online arbitration agreements. Although the decision involves an arbitration provision in an online application for employment, it echoes lessons imparted by courts in cases involving consumer arbitration agreements. Read more here. In Marshall v.
-
Aug 20, 2024 | 
lexology.com | David Anthony |Kalama Lui-Kwan |Jeremy T. Rosenblum |Alan D. Wingfield |Mary C. Zinsner
In a recent decision, the U.S. District Court for the Eastern District of Virginia denied a retailer’s motion to compel individual arbitration of a claim brought in a putative class action lawsuit. The complaint alleges that the retailer used deceptive sales tactics to induce the plaintiff to make an unnecessary online purchase.
-
Jun 20, 2024 | 
lexology.com | Alexandra Steinberg Barrage |Matthew Bornfreund |Kevin Petrasic |Joseph Reilly |Jeremy T. Rosenblum |Amy Williams | +1 more
On May 30, the U.S. Supreme Court unanimously decided Cantero, reaffirming and elaborating on the Barnett Bank preemption standard, and remanding the case to the Second Circuit for further proceedings. Cantero addressed whether a New York law requiring the payment of at least 2% per annum interest on mortgage escrow deposits was preempted by federal law as to national banks.
-
May 28, 2024 | 
jdsupra.com | Stefanie Jackman |Ethan G. Ostroff |Mary C. Zinsner
On May 23, the U.S. Supreme Court issued its decision in Coinbase, Inc. v. Suski et al., unanimously affirming the Ninth Circuit’s decision holding that when parties have agreed to two contracts — one sending arbitrability disputes to arbitration, and the other sending arbitrability disputes to the courts — a court must decide which contract governs.
-
May 17, 2024 | 
jdsupra.com | Stefanie Jackman |Ethan G. Ostroff |Mary C. Zinsner
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 of arbitration, rather than dismiss the case when a motion to compel arbitration is granted.
