STATEMENT OF THE CASE This case arises out of the plaintiff’s purchase of the 2005 Pontiac Bonneville from the defendants on or about July 1, 2014. At the time the purchase the vehicle had 78,811 miles. The purchase price of the automobile was $9,995. The finance charges over the life…
Source: ACMS Public Access
PRIVATIZED JUSTICE AS RUDDERLESS – JUDGE-LESS JUSTICE The existence and effects of arbitration agreements cannot now be disputed. Both the state and federal courts have unanimously affirmed the applicability of arbitration clauses, the enforceability of arbitration clauses to the extent to which the system favors sending matters to arbitration. There…
Source: States Are Mobilizing to Protect Consumers from Forced Arbitration – Public Justice
4th Circ. Refuses To Rethink Payday Loan Arbitration Ruling By Andrew Westney Law360, New York (March 1, 2016, 5:25 PM ET) — The Fourth Circuit on Tuesday denied a bid by a Nevada collection agency with ties to a South Dakota tribe for rehearing of the court’s recent ruling that…
A New Jersey jury on Thursday awarded $2.9 million to a class of surgical technology students who alleged Star Career Academy misrepresented their career prospects in the wake of a 2012 law that imposed stricter accreditation standards on the profession. Source: NJ Jury Renders $2.9M Verdict Against School In Fraud…
Source: Corporate America’s Latest Target: Nursing Home Patients
Opposition to the defendants attempt to force arbitration Dear Judge xxxxx: Please accept the following brief in lieu of a more formal brief thereof. This litigation arises out of the plaintiff’s alleged refinance of two separate vehicles from the defendant, CAR DEALER. (See Exhibit A: Complaint, Count 1, paragraph 1).…
Arbitration agreements have become a commonplace occurrence in everyday American life. There are arbitration agreements and no most every agreement you sign. When you buy a car there’s an arbitration agreement when you buy an oven there is an arbitration agreement when you buy a vacuum there’s an arbitration agreement.…
ARBITRATION AGREEMENTS ARE NOT AUTOMATICALLY ENFORCEABLE What exactly does this mean? The enforcement of arbitration is by no means automatic. The court is mandated to conduct an analysis, based on ordinary contract principles, to determine if the clause itself is enforceable as a clause in a contract. NAACP v. Foulke…