The Supreme Court of Indiana recently reversed and remanded a trial court’s order compelling arbitration of two bank customers’ putative class action complaint. In so ruling, the Court held that the account agreement’s change-of-terms clause did not allow the defendant bank to add an addendum compelling arbitration and restricting class actions to the terms and conditions of the customers’ account agreement.
Posts published in “Arbitration & ADR”
Calif. App. Court (1st Dist) Holds Late Fee Was ‘Unlawful Penalty’ Under Calif. Law, Vacates Arbitration Award in Lender’s Favor
The California Court of Appeal for the First Appellate District recently reversed a trial court's decision to affirm an arbitration award that upheld the validity of a late payment fee assessed to borrowers in the event of a borrower's default.
3rd Cir. Grants Motion to Compel Arbitration in Case Where Validity of Assignment of Contract is at Issue
The U.S. Court of Appeals for the Third Circuit recently confirmed that parties may contractually delegate questions of arbitrability to the arbitrator and reversed a District Court’s order denying a debt buyer's motion to compel arbitration when there was a question about the validity of assignment of the underlying contract.
9th Cir. Reverses Dismissal of Loan Officer’s Putative Class Claims Pursuant to Arbitration Agreement
The U.S. Court of Appeals for the Ninth Circuit recently reversed a trial court's order dismissing a putative class action complaint and granting the defendant lender’s motion to compel arbitration pursuant to an arbitration agreement with the plaintiff loan officer.
The California Court of Appeals, First Appellate District, recently reversed a lower court’s orders denying a bank account holder’s petition to confirm an arbitration award and an order granting a bank’s petition to vacate the award, and remanded with instructions to enter an order confirming the award.
Illinois App. Court Affirms $11 Million FINRA Award, Holds ‘Public Policy’ Exception of Arbitration Act is Limited to Awards Arising From a CBA
The Appellate Court of Illinois, First District, recently affirmed an $11 million arbitration award entered by a Financial Industry Regulatory Authority panel in favor of a financial advisor and against his former employer. In doing so, the Court held that the “public policy” exception of the Illinois Uniform Arbitration Act is limited to arbitration awards arising from a collective bargaining agreement (CBA).
The California Court of Appeal, Second District, recently granted a lender’s petition for a writ of mandate compelling the trial court to vacate its order granting the borrower’s petition to compel arbitration.
9th Cir. Holds McGill Rule Did Not Bar Arbitration, Rejects Recent Contrary State Appellate Court Rulings
The U.S. Circuit Court of Appeals for the Ninth Circuit recently reversed a trial court's denial of a motion to compel arbitration under the Federal Arbitration Act (FAA) in a putative class action involving privacy and data-collection practices laws.
The Court of Appeal of California, Second District, recently denied a petition for writ of mandate on the merits, concluding that California Labor Code section 229 did not exempt the plaintiff loan processor's wage claim from arbitration.
8th Cir. Holds Defendants May Simultaneously Move to Strike Class Allegations and Compel Arbitration
The U.S. Court of Appeals for the Eighth Circuit recently reversed a trial court's decision and remanded for entry of an order striking the plaintiff's class action allegations and compelling arbitration.
The U.S. Court of Appeals for the Second Circuit recently affirmed a trial court’s denial of a motion to compel arbitration in a putative class action lawsuit under the federal Telephone Consumer Protection Act.