The architecture of the defendant’s loan servicer website meant the plaintiff agreed to arbitration through a “clickwrap” agreement, even though he denied reading or reviewing it. Moreover, the loan servicer could rely upon a promissory note that incorporated the agreement, ...

Tagged with: Arbitration Judge T.S. Ellis III U.S. District Court - Eastern District

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 ...

Tagged with: Arbitration Judge John A. Gibney Jr. U.S. District Court - Eastern District

A 2016 amendment to the credit card agreement meant the court, and not an arbitrator, would decide whether a former cardholder’s claims are arbitrable. Where the cardholder had not opted out of arbitration, equitable estoppel did not apply and discovery ...

Tagged with: Arbitration Judge Mark Davis U.S. District Court - Eastern District

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 ...

Tagged with: Arbitration Judge David J. Novak U.S. District Court - Eastern District

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; ...

Tagged with: Arbitration Judge Robert G. Doumar U.S. District Court - Eastern District

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 ...

Tagged with: Arbitration Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where the Berkeley County School District and parties it has sued disagree about the existence and enforceability of arbitration agreements, there are disputes of material fact that must be resolved at trial. Background The appellants sought arbitration of federal and ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge Robert B. King

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 ...

Tagged with: Arbitration Judge M. Hannah Lauck U.S. District Court - Eastern District

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 ...

Tagged with: Arbitration Judge Mark Davis U.S. District Court - Eastern District

The circuit court erred by granting defendant’s motion to vacate an arbitration award. The court misinterpreted the relevant statute when it concluded the motion was timely filed. Overview Plaintiff bought a used car from GN Auto and sued GN and ...

Tagged with: Arbitration Order Supreme Court of Virginia