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Tag Archives: Arbitration

Arbitration clause not so one-sided as to be unconscionable (access required)

The case was ordered to arbitration because, although the warranty company selected the arbitration service, there was no evidence the rules and processes would be one-sided, unfair or biased against the homeowners. In addition, the homeowners only speculated the arbitration ...

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Employer’s litigation conduct did not waive arbitration (access required)

A national staffing agency that was sued by its recruiters for overtime wages litigated various pretrial motions and engaged in discovery. However, it filed its first motion to compel arbitration shortly after the recruiters filed suit, the parties held discussions at ...

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Arbitration ‘award’ with no grounding in law vacated (access required)

An “award” was vacated where the petitioner obtained an arbitration hearing by sending a loan servicer an incomprehensible agreement and used its non-response to initiate arbitration, and where the “award” did not appear to have any grounding in fact or ...

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Award affirmed despite multiple attacks by losing parties (access required)

Plaintiffs who did not prevail against a brokerage in an arbitration conducted by the Financial Industry Regulatory Authority Inc., or FINRA, attacked the award claiming fraud; that the arbitrators were impartial, committed misconduct, exceeded their powers or disregarded the law; ...

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Suit over new car purchase headed to arbitration (access required)

Where a woman agreed to arbitrate her claims against an auto dealership, the dispute was ordered to arbitration despite the agreement’s waiver of punitive damages because the waiver was not against public policy. Although she sought an evidentiary hearing regarding ...

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Fair Credit Reporting Act claims headed to arbitration (access required)

Where the lending institution demonstrated the plaintiff’s Fair Credit Reporting Act claims were covered by an arbitration agreement signed by the plaintiff, and the plaintiff provided no competent contrary evidence, the court ordered the parties to arbitration and dismissed the ...

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Agreement gave arbitrator power to decide what issues must be arbitrated (access required)

Where an agreement contained a provision that required one party to submit all claims over $1,000 to arbitration but allowed the other party to pursue certain claims in court, and gave the arbitrator right to what disputes should go to ...

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