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Arbitration

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In Gallo v. Wood Ranch United States, No. B311067, 2022 Cal. App. LEXIS 652, at *3-6 (Ct. App. July 25, 2022), the Court of Appeal addressed the effect of late payment of arbitration fees under the penalties provided for by Civil Procedure Code sections 1281.97 and 1281.99, which obligate a company or business who drafts an arbitration agreement to pay… Read More

In  Viking River Cruises, Inc. v. Moriana, the U.S. Supreme Court held that the FAA does not preempt California law insofar as it invalidates a waiver of an employee's right to bring PAGA claims arising out of Labor Code violations that affected the plaintiff employee.  However, the FAA does preempt California law (Iskanian v. CLS Transportation Los Angeles, LLC (2014)… Read More

In Maybaum v. Target Corp., No. 2:22-cv-00687-MCS-JEM, 2022 U.S. Dist. LEXIS 80466, at *15-16 (C.D. Cal. May 3, 2022), Judge Scarsi enforced an arbitration clause despite arguments over whether the Arbitration Clause prohibited a right to public injunctive relief "in any forum" under McGill.  Plaintiff argues that California law prohibits compelling arbitration of her claims because she seeks public injunctive… Read More

In Berman v. Freedom Fin. Network, LLC, No. 20-16900, 2022 U.S. App. LEXIS 9083, at *12-14 (9th Cir. Apr. 5, 2022), the 9th Circuit addressed the enforceability of an arbitration agreement set forth on a website that allowed the consumer to click-through the operator's various policies and the arbitration.  The Court of Appeals stated the rule as follows: The most… Read More

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

In Nettles v. Midland Funding LLC, No. 19-3327, 2020 U.S. App. LEXIS 40012 (7th Cir. Dec. 21, 2020), the Court of Appeals for the 7th Circuit declined to address arbitration of an FDCPA case because of lack of Art. III jurisdiction to start. Most of the briefing concerns the arbitration issue, but the parties also identify a possible problem with… Read More

In Barbosa v. Midland Credit Mgmt., No. 19-1896, 2020 U.S. App. LEXIS 37174 (1st Cir. Nov. 25, 2020), the First Circuit Court of Appeal affirmed referring a matter to arbitration. A resident of Massachusetts, Barbosa opened a credit card account with Barclays Bank Delaware ("Barclays") in April 2011. The last payment she made on the account was in November 2012.… Read More

In Marchetti v. Ford of Simi Valley, No. B297026, 2020 Cal. App. Unpub. LEXIS 7639 (Nov. 19, 2020), in an unpublished decision, ordered a case to arbitration under a RISC despite the Customers’ payment of full price and not financing the purchase.  The Court of Appeal found an assent to the arbitration agreement despite no financing taking place. The Marchettis… Read More

In Stover v. Experian Holdings, Inc., No. 19-55204, 2020 U.S. App. LEXIS 33176 (9th Cir. Oct. 21, 2020), the Court of Appeals for the Ninth Circuit affirmed a district court’s arbitration order. Rachel Stover appeals the district court's order compelling arbitration of her claims based on her purchase of the Experian Credit Score subscription service in 2014. Two versions of… Read More

In Mey v. DIRECTV, LLC, No. 18-1534, 2020 U.S. App. LEXIS 24993 (4th Cir. Aug. 7, 2020), the Court of Appeals for the 4th Circuit enforced an arbitration clause in a TCPA class action.  DIRECTTV, who was an affiliate of AT&T, was entitled to enforce the agreement. As an initial matter, we conclude—as the district court appears to have acknowledged… Read More

In Newger v. First Contact, No. 1:20-cv-00039-SNLJ, 2020 U.S. Dist. LEXIS 107348 (E.D. Mo. June 18, 2020), the District Court found that an arbitration award in favor of a consumer’s creditor could be used by the debt collector to estop the consumer from bringing new claims. In this case, there is no serious dispute that the arbitral award dispensed of… Read More

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