Fraud claim must be arbitrated in real property dispute 
Published: February 5, 2013
Tags: arbitration, fraud, real property
An action for fraud was within the scope of an arbitration provision in a contract for the purchase of real property, the Florida Supreme Court has ruled in reversing judgment.
Toyota can’t arbitrate anti-lock brake system claims
Published: February 4, 2013
Tags: arbitration, class action, consumer protection
Toyota could not enforce arbitration clauses in its dealerships’ purchase agreements and leases when sued for manufacturing cars with defective brake systems, the 9th Circuit has ruled in affirming judgment.
Benchmarks: Can health care surrogate bind patient to arbitration?
By:
Pat Murphy
Published: January 25, 2013
Tags: arbitration, health care surrogate, nursing home litigation, wrongful death
There’s been plenty of litigation over whether a nursing home arbitration clause executed by a medical power of attorney is enforceable.
Yesterday, West Virginia’s highest court addressed the more novel issue of whether a health care surrogate can bind a patient or her estate to arbitration.
Nursing home can’t enforce arbitration clause
Published: January 24, 2013
Tags: American Arbitration Association, arbitration, nursing home litigation, wrongful death
A nursing home sued for wrongful death could not enforce an arbitration agreement that specified an alternate dispute resolution agency that is no longer in the business of health care arbitrations, the North Carolina Court of Appeals has ruled in affirming judgment.
‘Poison pill’ didn’t void arbitration clause
Published: January 17, 2013
Tags: arbitration, consumer protection, Federal Arbitration Act
A “poison pill” in an automobile purchase contract did not render an arbitration clause in the agreement unenforceable, the California Court of Appeal has ruled in affirming judgment.
Arbitration clause unenforceable due to loss of forum
Published: January 11, 2013
Tags: arbitration, nursing home litigation, wrongful death
A nursing home could not demand arbitration of a wrongful death claim when the service designated in its admissions contract had exited the consumer-arbitration business, the Wisconsin Court of Appeals has ruled in affirming judgment.
Online arbitration tool launches
Published: December 17, 2012
Tags: ADR, alternative dispute resolution, American Arbitration Association, arbitration, Clausebuilder
The American Arbitration Association has announced the launch of what it calls the first online arbitration and mediation tool, known as ClauseBuilder.
Unhappy ‘U-verse’ customers must arbitrate claims
Published: December 13, 2012
Tags: arbitration, consumer protection, forum selection clause
Customers dissatisfied with their digital telecommunications service were bound by arbitration and forum selection clauses communicated in AT&T “clickwrap” agreements, the 10th Circuit has ruled in affirming a dismissal.
Does broad arbitration clause encompass class actions?
Published: December 10, 2012
Tags: arbitration, class action, Stolt-Nielsen S.A. v. AnimalFeeds International, U.S. Supreme Court
The U.S. Supreme Court will decide whether a broad arbitration clause can implicitly authorize class arbitration.
ARBITRATION
Published: December 10, 2012
Tags: arbitration, U.S. Supreme Court
Can the broad language of an arbitration clause implicitly authorize class arbitration?
See “Does broad arbitration clause encompass class actions?”
Oxford Health Plans v. Sutter, No. 12-135. Certiorari granted: Dec. 7, 2012. Ruling below: 675 F.3d
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