Much consumer litigation today must deal with arbitration requirements. This arbitration litigation cheat sheet provides a quick listing of consumer options when faced with an arbitration demand—including both options to challenge the enforceability of the arbitration requirement as well as how to proceed in arbitration if that is the only remaining or even preferred option.
Arbitration Enforcement, Proceedings
Overcoming the Latest Supreme Court Arbitration Decision
The recent Supreme Court ruling in Coinbase creates another impediment to consumer litigation: even when a consumer defeats an arbitration requirement, if the company then pursues an interlocutory appeal of that ruling, discovery and other proceedings are automatically put on hold until that appeal is resolved. This article offers five approaches to avoid or ameliorate the effect of this new obstacle to consumer litigation handed down by the Supreme Court.
Shocker: Supreme Court Limits Policy Favoring Arbitration
On May 22, the Supreme Court overruled nine circuits in holding that a defendant’s waiver of arbitration must be treated like any other contractual right. No showing of prejudice to the plaintiff need be shown. This article examines the decision and arbitration waiver law generally. Importantly, also considered are the decision’s implications to assist a broad array of challenges to arbitration requirements.
Where Defendant Requires Arbitration but Refuses to Pay for It
Three June State Law Actions Helping Consumers Fight Arbitration Requirements
Challenging Electronic Assent to Arbitration, Robocalls, and More
Increasingly, companies seek to bind consumers to arbitration, consent to robocalls, and other terms and conditions through the consumer’s actions on a website. This article reviews an important January court decision, describes surprising facts about bots and “click farms,” and sets out a series of practical steps to challenge consumer assent to terms found on a website.Challenging Electronic Assent to Arbitration, Robocalls, and More