Four former servicemembers brought a putative class action against Citibank, alleging that it was violating the Servicemembers Civil Relief Act (SCRA) by charging certain interest rates on their credit card balances. Citibank moved to compel arbitration pursuant to the terms of the relevant credit card account agreements, but the district court denied the motion, citing […]
Category Archives: Arbitration
David Horton of California, Davis has written Accidental Arbitration, 102 Wash. U. L. Rev. — (forthcoming 2025). Here’s the abstract: The Supreme Court’s muscular interpretation of the Federal Arbitration Act (FAA) has encouraged businesses to insert arbitration clauses in untold millions of contracts. However, this Article explores a subtler way in which arbitration’s kingdom is […]
In September, I blogged about a Pennsylvania Supreme Court decision to review an intermediate appellate court decision holding that Uber’s “clickwrap” arbitration agreement was not enforceable under Pennsylvania law, as mutual assent was lacking based on the way it was presented to a user. Today, the New York Court of Appeals issued its own decision […]
Yesterday, the Ninth Circuit issued an opinion in Heckman v. Live Nation Entertainment, where it affirmed a district order denying a motion to compel mass arbitration of a consumer antitrust class action about online ticket sales practices by Live Nation and Ticketmaster. Finding the arbitration agreement “borderline unintelligible,” the panel majority held that both the […]
In Guidotti v. Legal Helpers Debt Resolution, L.L.C., 716 F.3d 764 (3d Cir. 2013), the Third Circuit addressed the question of, when considering a motion to compel arbitration, what standards district courts should apply when determining whether an agreement to arbitrate was actually formed between the parties. The court held that the Rule 12(b)(6) standard […]
Remember how the National Arbitration Forum, also known as NAF, arbitrated disputes involving an affiliated debt collector? Well, the CFPB has banned another arbitration service provider, Ejudicate from consumer arbitrations for a variety of reasons, including that Ejudicate heard matters brought by a party with whom it had a financial relationship, Prehired Recruiting. The CFPB […]
Imran Rahman-Jones has the story in the BBC here. A family’s 12-year old ordered pizza on Uber Eats and that cost the parents the ability to go to court when the Uber they were riding in crashed, causing spinal fractures and other terrible injuries.
Michael Z. Green of Texas A&M has written Expanding the Ban on Forced Arbitration to Race Claims, 72 Kansas Law Review 455 (2024). Here’s the abstract: When Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFASASHA”) in March 2022, it signaled a major retreat from the Supreme Court’s broad enforcement […]
Yesterday, I noted the Pennsylvania Supreme Court had agreed to hear a case involving browse-wrap arbitration agreements. Later in the day, the Seventh Circuit issued a decision concerning one such agreement, finding that a consumer and a home improvement had entered into a valid and enforceable agreement. Adopting case law from the 9th and 2nd […]
In July 2023, an intermediate appellate court in Pennsylvania decided Chilutti v. Uber Technologies. There, the court held that a so-called “browsewrap” arbitration agreement was invalid, and that two conditions are necessary to establish an unambiguous manifestation for assent to arbitration via a registration for a website: (1) explicitly stating on the registration websites and […]