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Justices agree to decide arbitration case

Kimberly Atkins — Mon, 10 Jun 2013 18:12:53 +0000

WASHINGTON — The U.S. Supreme Court has waded into the issue of international multi-staged dispute resolution, agreeing to decide whether it is up to a court or an arbitrator to determine whether a precondition to arbitration has been met.

The justices granted certiorari Monday in the case BG
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Debt settlement services may arbitrate class claims

Pat Murphy — Tue, 04 Jun 2013 17:03:38 +0000

Two debt settlement services sued for violating state consumer protection law may be able to establish a meeting of the minds necessary to enforce an arbitration clause in their customer’s contract, the 3rd U.S. Circuit Court of Appeals has ruled in reversing judgment.

The plaintiff filed a class action, alleging
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Check-cashing firm’s arbitration clause enforceable

Pat Murphy — Wed, 22 May 2013 20:39:49 +0000

A check-cashing business could enforce an updated version of an arbitration clause included in its delayed-deposit customer agreements, the Mississippi Court of Appeals has ruled.

The defendant is in the business of delayed-deposit check cashing. Essentially, the business involves cashing the personal checks of customers for up to $500 plus
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Beneficiary must arbitrate claims against trustee

Pat Murphy — Mon, 20 May 2013 20:47:52 +0000

A trust beneficiary was bound by a trust arbitration provision when suing a trustee for misappropriation of assets, the Texas Supreme Court has ruled in reversing judgment.

The plaintiff’s father established a trust, naming the plaintiff and the plaintiff’s brother as sole beneficiaries. The father named himself as trustee. When
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Arbitration subject to state statute of limitations

Pat Murphy — Mon, 20 May 2013 20:45:05 +0000

The state statute of limitations applied to bar arbitration claims brought by the clients of a financial services company, the Florida Supreme Court has ruled in reversing judgment.

The plaintiffs are former clients of Raymond James Financial Services. According to the plaintiffs, a Raymond James branch manager in Florida invested
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Lawmakers renew bid to ban mandatory arbitration

Pat Murphy — Fri, 10 May 2013 17:40:25 +0000

Senator Al Franken, D-Minn., has reintroduced a bill that would prohibit the enforcement of mandatory arbitration clauses against employees and consumers.

The Arbitration Fairness Act of 2013, introduced this month as S. 878, provides
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Aflac could arbitrate death benefits dispute

Pat Murphy — Fri, 03 May 2013 13:51:08 +0000

American Family Life Assurance Company (Aflac) could compel arbitration of state-law claims challenging the distribution of death benefits under an accident insurance policy, the 5th U.S. Circuit Court of Appeals has ruled in affirming a summary judgment.

Aflac issued an accident insurance policy to the plaintiff’s son. The son purportedly
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KeyBank could enforce arbitration clause

Pat Murphy — Tue, 16 Apr 2013 19:46:17 +0000

KeyBank could enforce an arbitration clause in its student loan agreements when sued for violating California consumer protection law, the en banc 9th U.S. Circuit Court of Appeals has ruled.

The decision upholds a similar ruling in the case by a three-judge panel. (See “» Continue Reading.

Employee must arbitrate ‘pattern-or-practice’ suit

Pat Murphy — Tue, 26 Mar 2013 16:34:31 +0000

An employer could compel arbitration when sued by a former female employee for engaging in a continuing pattern or practice of sex discrimination, the 2nd U.S. Circuit Court of Appeals has ruled in reversing judgment.

Goldman Sachs employed the plaintiff as a managing director. Following her termination, the plaintiff filed
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Payday lender can’t enforce online arbitration clause

Pat Murphy — Wed, 20 Mar 2013 16:42:00 +0000

A payday lender could not enforce an arbitration clause included in its online loan application form, the Montana Supreme Court has ruled in affirming judgment.

The plaintiff submitted an online application for a payday loan with a 780 percent APR from the defendant. The defendant’s standard loan agreement, which the
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