Posts Tagged ‘arbitration’
Arbitration Update - Tuesday, July 17, 2012 9:27 - 0 Comments
A recent decision in a case pending in a Mobile County Circuit Court resulted in a favorable development for consumers seeking to avoid arbitration. This was a case involving the purchase of an automobile. The decision by Circuit Judge Sarah Stewart in the case, Lucille Hope v. Dean McCrary Imports, was based on the fact that the dealer’s boilerplate language in sales documents did not use the same business name on the purchase order, the separate arbitration clause, and the bill of sale. The bill of sale referred to Victoria Enterprises as the seller, but Victoria Enterprises was not named in the arbitration agreement. The elderly Plaintiff in this case also presented a triable issue of fraud in the factum.
The trial court applied Sec. 3 of the Federal Arbitration Act, which allows a timely request for trial by jury to determine whether there was a meeting of the minds, and whether fraud in the factum voided the agreement to arbitrate. Recent U.S. Supreme Court precedent was persuasive that an arbitration clause is not binding on a nonparty to the agreement. The High Court ruled in EEOC v. Waffle House, 534 U.S. 279 (2002), that this is an issue governed by state law. Alabama law clearly limits the application of arbitration to “the signing parties.” See Jim Burke Automotive v. McGrue, 826 So. 2d 122 (2002).
The Plaintiffs were represented by Mobile lawyers Greg McAtee and Greg Buffalow. The case is scheduled for a jury trial in August. The jury is to first determine which of the Defendants in the case can take advantage of the arbitration clause. I appreciate very much these lawyers sending this information to be included in this case. They did a very good job in keeping a path toward justice open for and available to their client.
- Invalidating FLSA Collective-Action Waivers No Longer A Pipe Dream
- Mandatory Arbitration Clauses Violate Federal Labor Law
- U. S. Supreme Court Allows Credit Card Arbitration
- Consumers Not Required To Arbitrate Warranty Claims With Car Dealers
- Bank Of America Takes Arbitration Out Of Credit Cards
- U.S. Supreme Court Grants Review of Class Action Waiver Case
- Congress Takes Major Step Toward Ending Forced Arbitration
- A Seminar On Arbitration
- Unconscionable Mandatory Arbitration Clauses Challenged
- U.S. Supreme Court Rejects Class Arbitration In Stolt-Nielsen Case
- Common Investor Claims Against Stockbrokers
- Report on the Arbitration Fairness Act
- Arbitration ordered in suit over death at BP plant
- A good article on arbitration in the Los Angeles Times
- The Fair Arbitration Now Coalition fights unfair arbitration
- Federal court bars arbitration over student loan terms
- Mandatory Binding Arbitration In Nursing Homes Must Be Banned
- Arbitration Denied In Credit Card Antitrust Case
- Court Says Blackwater Suit Will Stay In Arbitration
- Jere Beasley Report, April 2013
- Marc McHenry Hired As Investigator
- Alabama to Receive $1,039,078 in Multi-State Settlement
- COSTCO Recalls Gold Coast Crab Dip
- Major Banks Assist In Payday Loans Banned By States
- We Have Allowed A Culture Of Violence To Be Created In The U.S.
- Parting Words
- Closing Observations
- Favorite Bible Verses
- WSFA News Defenders Interviews
- Beasley Allen Hosts The Child Safety Helmet Giveaway
- SPLC Looks At How Payday And Title Loans Prey On Alabama’s Poorest
- Employee Spotlights
- Natura Pet Expands Recall Of Dry Pet Foods
- Winn-Dixie Recalls Organic Apple Juice On Mold Fears
- Manda Packing Recalling 468,000 Pounds Of Meat
- Carter’s Recalls Infant Clothings With Zippers Due To Choking Hazard
- I work as a store manager and i work 60 to ninety hours a weeks please tell me s...
- I wondered why i couldn't find him on the DPS website.
Tell Marc to contact me...
- I want to be involved in this lawsuit. I was a 3rd key making $8.25 per hour wi...
- Great to find a site like this that informs us of what our tax dollars are payin...
- can you please emaik me a copy of your article on april 16th wells fargo suid f...
- ALL OF THESE STORIES ARE SIMILAR AND ALMOAT THE SAME IN TIME FRAMES. FOR TWO YEA...
- they tried forexloaing on my home with a fraudulent note. how do I know that? I ...
- Yes, Sharon, we were aware of the button... however, it didn't work. Took it to...