Court Finds Mass Arbitration Bellwether and Delegation Provisions Unconscionable -
The district court for the Northern District of California recently denied a defendant’s motion to compel arbitration and, in so ruling,...more
9/27/2024
/ Arbitration ,
Arbitration Agreements ,
Attorney's Fees ,
Bellwether Verdicts ,
Debt Collection ,
Discovery ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Financial Services Industry ,
Motion to Compel ,
Online Gaming ,
Regulation Z ,
TCPA ,
Truth in Lending Act (TILA)
The district court for the Northern District of California recently denied a defendant’s motion to compel arbitration and, in so ruling, found that a bellwether provision related to mass arbitrations was unconscionable. Avia...more
The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format will reflect McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
7/1/2024
/ AL Supreme Court ,
Arbitration ,
Borrowers ,
Business Litigation ,
Commercial Court ,
Commercial Litigation ,
Counterclaims ,
FDCPA ,
FDUTPA ,
Federal Arbitration Act ,
First Impression ,
Foreclosure ,
Legal Fees ,
Motion to Compel ,
Regulation F ,
RESPA ,
SCOTUS
In Biotricity, Inc. v. DeJohn, 8th Dist. Cuyahoga No. 113216, 2024-Ohio-1593, the Ohio Eighth Appellate District found that the trial court erred by refusing to stay discovery pending a ruling on a motion to compel...more
Ohio-
Enforceability of Arbitration Agreement-
Bryan Costin v. Midwest Vision Partners LLC., 8th Dist. Cuyahoga No. 112651, 2024-Ohio-463.
The Eighth District Court of Appeals recently affirmed the trial court’s ruling...more
2/19/2024
/ Arbitration Agreements ,
Breach of Contract ,
Commercial Litigation ,
Consumer Protection Laws ,
CSPA ,
Damages ,
Debt ,
Employment Contract ,
Enforceability ,
Foreclosure ,
Motion to Compel ,
Oral Contracts ,
Pre-Employment Agreements ,
Promissory Notes ,
Statute of Frauds ,
Statute of Limitations ,
Tortious Interference ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
Oral Contract claims-
Scott v. First Choice Auto Clinic, Inc., 10th Dist. Franklin No. 2023-Ohio-3855.
In this appeal, the Tenth Appellate District affirmed in part and reversed in part the trial court’s decision to...more
11/17/2023
/ Administrative Remedies ,
Arbitration ,
Breach of Contract ,
Civil Rights Act ,
Collateralized Debt Obligations ,
Commercial Litigation ,
Deposit Accounts ,
Fair Credit Reporting Act (FCRA) ,
Florida ,
Garnishment ,
Motion to Compel ,
Oral Contracts ,
Statutory Damages ,
Uniform Commercial Code (UCC) ,
Unjust Enrichment ,
Willful Violations
Cincinnati v. PE Alms Hill Realty, LLC, 1st Dist. Hamilton, 2023-Ohio-2784. In this appeal, the First Appellate District affirmed the trial court’s decision to grant commercial lenders summary judgment on their breach of...more
8/21/2023
/ Appeals ,
Appellate Courts ,
Arbitration Agreements ,
Business Records Exception ,
Class Action ,
Commercial Leases ,
Duty to Mitigate ,
Economic Loss Doctrine ,
Fiduciary Duty ,
Guaranty Claims ,
Motion to Compel ,
Negligence ,
Personal Liability ,
Unconscionable Contracts
Resolving a circuit split, the Supreme Court ruled that litigation, including discovery, is automatically stayed when a party appeals the denial of a motion to compel arbitration under the Federal Arbitration Act (FAA). ...more
6/29/2023
/ Arbitration ,
Automatic Stay ,
Coinbase ,
Coinbase Inc v Bielski ,
Cryptocurrency ,
Dissenting Opinions ,
Federal Arbitration Act ,
Interlocutory Appeals ,
Motion to Compel ,
Online Platforms ,
Pre-Trial Motions ,
SCOTUS ,
Stays
Ohio-
Agent’s Liability Under Contract-
Nat’l Church Residences v. Kessler, 3rd Dist. Union, No. 2023-Ohio-1437. The Third Appellate District reversed the trial court’s decision to grant the plaintiff summary judgment,...more
The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more
9/23/2021
/ Arbitration ,
Cancellation of Debt (COD) ,
Coronavirus/COVID-19 ,
Debt Collection ,
Denial of Rehearing ,
Fair Credit Reporting Act (FCRA) ,
FL Supreme Court ,
Foreclosure ,
Injunctions ,
Motion to Compel ,
Offer of Judgment ,
Residential Property Owners ,
Robocalling ,
TCPA ,
Technology ,
Zoom®
Promissory Estoppel-
Faith Lawley, LLC v. McKay, 12th Dist. Warren No. CA2020-08-052, 2021-Ohio-2156-
In this appeal, the Twelfth Appellate District affirmed the trial court’s decision, agreeing that there was no...more
7/15/2021
/ Arbitration ,
Counterclaims ,
Easements ,
Land Owners ,
Medical Malpractice ,
Motion to Compel ,
Oral Contracts ,
Promissory Estoppel ,
Settlement Agreements ,
Tenants in Common ,
Vicarious Liability
Loss Mitigation Review Under RESPA Hurst v. Caliber Home Loans, Inc., N.D.Ohio No. 5:19-cv-00315, 2021 U.S. Dist. LEXIS 51849 (Mar. 19, 2021)
In this matter, the Northern District of Ohio held that a loan servicer did...more
4/2/2021
/ Appellate Courts ,
Arbitration ,
Borrowers ,
CSPA ,
Dispute Resolution ,
Document Productions ,
Good Faith ,
Loss Mitigation ,
Misleading Statements ,
Motion to Compel ,
Oral Contracts ,
Required Documentation ,
RESPA ,
Terms and Conditions ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment