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Log In / Register | Nov 24, 2014

Medicine Shoppe Franchisees Allowed to Arbitrate Jointly

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SAINT LOUIS – In a complex dispute resolution matter, an arbitrator has ruled that Medicine Shoppe franchisees will be allowed to arbitrate their issues as a group instead of individually.

Car Dealer Arbitration Clause Ruled Unconscionable

A one-sided "take-it-or-leave-it" arbitration clause is illegal, affirms a California appellate court.

SCOTUS Holds Class Actions Waivers In Arbitration Agreements Are Enforceable

In a 5-4 decision of AT&T Mobility LLC v. Concepcion, No. 09-893 (April 27, 2011),  the U.S. Supreme Court held that arbitration agreements in standard form contracts that waive the right to pursue a class action are enforceable, and that the Federal Arbitration Act, 9 U.S.C. § 1, et seq., preempts a California court ruling to the contrary. 

Is Rescission an Arbitral Remedy?

Is recission a proper arbitral remedy? Even if recission would primarily benefit non-parties to the proceeding?

2 Major Firms Abruptly Withdraw from Credit-Card Arbitration

Two important companies are withdrawing from arbitrating disputes between customers and their credit-card and cellphone companies.

2d Circut Holds Class Action Waiver Unenforceable

On January 30 the US Court of Appeals for the Second Circuit issued a ruling with broad ramifications for franchise disputes.