Severson & Werson is pleased to announce Mary Kate Sullivan has been named the new Chief Executive Officer and Managing Partner. The newly elected members of the Executive Committee are Mary Kate Sullivan, Mark Wraight, Mike Murphy and Duane Geck.

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Arbitration

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In Ngo v. PMGI Financial, et. al., DARRIN NGO, 2018 WL 6618316, at *7–9 (N.D.Cal., 2018), Judge Spero held that a creditor's filing a superior court collection action did not prevent sending the matter to arbitration, but the debtor remained free to assert waiver to the arbitrator. Ngo contends that Defendants waived their right to demand arbitration by filing a… Read More

In Hewitt v. Auto Showcase of Bel Air, 2018 WL 2437240 (Md. App. 2018) (unpublished), the Court of Appeals enforced an arbitration clause in an automobile RISC despite rescission of the RISC due to a failure of financing. Hewitt's . . . argues that, once Auto Showcase repossessed the Vehicle, any consideration supporting the arbitration agreements ceased. Thus, the RISC should… Read More

In Gamble v. New England Auto Finance, Inc., 2018 WL 2446607 (11th Cir. 2018), the Court of Appeals for the Eleventh Circuit found that text messages sent by automobile finance company after its customer had paid her RISC in full were not subject to the RISC’s arbitration clause and class-action waiver. NEAF also argues that the Arbitration Provision is broad enough… Read More

In Anderson v. Credit One Bank, N.A., 2018 WL 2287329, at *2–3 (S.D.Cal., 2018), Judge Anello struck a TCPA Plaintiff's "errata" sheet following Plaintiff's deposition, reconsidered the denial of Defendant's Petition to Compel Arbitration, and granted the Petition to Compel Arbitration. Here, upon due consideration, the Court finds that Plaintiff’s errata sheet “runs afoul of Rule 30(e)’s...requirements.” Tourgeman, 2010 WL… Read More

In Delgado v. Ally Financial, et. al., 2018 WL 2128661, at *5–6 (S.D.Cal., 2018), Judge Benitez ordered an FCRA case to arbitration, rejecting the Plaintiff's argument that the bankruptcy eliminated the arbitration clause. Delgado also opposes the enforcement of the arbitration provision on the basis his bankruptcy discharge rendered the arbitration provision unenforceable. (Doc. No. 25 at 4.) This assertion,… Read More

In Freeman v. Smartpay Leasing, LLC, 2018 WL 467390, at *1–2 (M.D.Fla., 2018), Judge Presnell deemed a defendant in default for failing to pay JAMS' fees when JAMS classified the arbitration as a "consumer" arbitration that required the defendant to bear almost all of the fees. The Arbitration Agreement gave Freeman the option of choosing between two arbitral fora—the American… Read More

In Gadomski v. Wells Fargo Bank N.A., 2018 WL 263903, at *3–4 (E.D.Cal., 2018), Judge Nunley rejected a consumer's claim that her FCRA claim was not subject to contractual arbitration because she'd had an intervening bankruptcy discharge. Plaintiff first argues the Agreement was rendered unenforceable because of the Bankruptcy Action. (ECF No. 15 at 5–6.) However, Plaintiff offers no cases… Read More

In Ewing v. Charter Communications Holding Company, LLC., 2017 WL 6049379, at *3–4 (S.D.Cal., 2017), Judge Benitez ordered a TCPA case to arbitration over the consumer's objection that he opted-out. In his opposition, Ewing does not object to or otherwise dispute Ms. Flores's declaration or the attached evidence of his account history. His sole argument is that he “followed the… Read More

The Senate voted 51 to 50 late Tuesday to repeal the Consumer Financial Protection Bureau’s rule banning mandatory arbitration clauses in financial contracts.  Vice-President Pence cast the deciding vote to break the tie.    Senate Republicans relied on the Congressional Review Act ("CRA") to overturn the CFPB's anti-Arbitration Rule.  The CFPB's Rule had been challenged by the Department of Treasury… Read More

Today, the Dept. of Treasury issued an analysis of the CFPB's Arbitration Rule, entitled Limiting Consumer Choice, Expanding Costly Litigation: An Analysis of the CFPB Arbitration Rule.  The Dept. of the Treasury concluded that In view of these defects, it is clear that the Rule does not satisfy the statutory prerequisites for banning the use of arbitration agreements under the… Read More

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