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Arbitration

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In Hodges v. Comcast Cable Communications, LLC.,  the Court of Appeals for the 9th Circuit held that the district court erred in denying Comcast's motion to compel arbitration even though its arbitration clause precluded customers from litigating public injunction claims in any forum.  First, the Court of Appeals held that the mere presence of the clause in the arbitration agreement… Read More

In Capriole v. Uber Techs., No. 20-16030, 2021 U.S. App. LEXIS 22738, at *35-40 (9th Cir. Aug. 2, 2021), the Court of Appeals for the 9th Circuit held that injunctive relief designed to benefit only a defined class of individuals is not "public" injunctive relief under Blair.   Nevertheless, Plaintiffs argue that their request for preliminary relief classifying them as employees is one… Read More

In In re Ring LLC Privacy Litig., No. CV 19-10899-MWF (RAOx), 2021 U.S. Dist. LEXIS 118461, at *8 (C.D. Cal. June 24, 2021), Judge Fitzgerald ordered the purchasers' claims to arbitration, but not so for the non-purchasers whose data allegedly was improperly gathered and/or shared.  The allegations were that The FAC alleges that Ring's security systems were defectively designed without… Read More

In Henry v. Vantage Credit Union, No. 4:20-cv-01865-SRC, 2021 U.S. Dist. LEXIS 101571 (E.D. Mo. May 28, 2021), Judge Clark granted an auto finance company’s motion to compel arbitration. As stated above, state law governs the validity of an arbitration agreement and Henry's argument has been explicitly rejected in Missouri. See Boulds v. Chase Auto Finance Corp., 266 S.W.3d 847… Read More

In DiCarlo v. MoneyLion, Inc., No. 20-55058, 2021 U.S. App. LEXIS 4817 (9th Cir. Feb. 19, 2021), the Court of Appeals for the 9th Circuit ordered a case to arbitration, finding that the arbitration clause did not violate the McGill rule. California's legal requirement that contracts allow public injunctive relief is known as the McGill rule. See McGill v. Citibank, N.A., 2… Read More

In Camarillo v. Balboa Thrift & Loan Ass'n, No. 3:20-cv-00913-BEN-BLM, 2021 U.S. Dist. LEXIS 22351 (S.D. Cal. Feb. 4, 2021), Judge Benitez ordered an FCRA claim to arbitration. In the present case, Plaintiff never argues that the terms of the RISC were substantively or procedurally unconscionable. Reply at 13:11-12. To the extent she may try to advance such arguments now,… Read More

In Camarillo v. Balboa Thrift & Loan Ass'n, No. 3:20-cv-00913-BEN-BLM, 2021 U.S. Dist. LEXIS 22351 (S.D. Cal. Feb. 4, 2021), Judge Benitez granted a petition to compel arbitration with respect to an FCRA claim arising out of an automobile RISC. In this case, neither party contends that (1) they lacked the capability to contract, (2) the RISC5 or Arbitration Provision… Read More

In Maldonado v. Fast Auto Loans, No. G058645, 2021 Cal. App. Unpub. LEXIS 138 (Jan. 11, 2021), the Court of Appeal in an unpublished decision found that an automobile title loan lender could not enforce its arbitration clause.  The trial court proceedings were as follows: Relevant to this appeal, paragraph 14(d) stated the parties must arbitrate any claim (with a… Read More

In I.C. v. Zynga Inc., No. 20-cv-01539-YGR, 2021 U.S. Dist. LEXIS 2227 (N.D. Cal. Jan. 6, 2021), Judge Rogers held that the defendant was entitled to limited discovery from the class representatives to obtain information to bring a proper Petition to Compel Arbitration. Currently pending in each of the captioned cases is defendant Zynga Inc.'s motion to compel arbitration or, in… Read More

In In re StockX Customer Data Sec. Breach Litig., No. 19-12441, 2020 U.S. Dist. LEXIS 241178 (E.D. Mich. Dec. 23, 2020), Judge Roberts ordered the class representative’s claims to arbitration, despite the fact that they were minors when they signed the Terms of Service containing the Arbitration Clause. This action arises from a data breach to StockX's system which occurred… Read More

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