In protracted litigation springing from the sale of “free” credit reports that “were not really free,” the Fifth Circuit Court of Appeals held that a party’s waiver of its right to arbitrate state law claims did not result in a waiver of its right to compel arbitration of newly asserted federal law claims. In a purported class action, the plaintiff originally asserted several claims under Illinois law against One Technologies, L.P. One Tech removed to federal court and filed a motion to dismiss. After that motion was partially denied, One Tech moved to compel arbitration, which was granted by the district court but reversed on appeal, with the Fifth Circuit holding that filing of the motion to dismiss waived the right to arbitrate the state law claims…
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In this episode of the Arbitration Conversation Amy interviews Prof. Victoria Shannon Sahani, Associate Dean of Faculty Development and Professor of Law at the Sandra Day O’Connor College of Law...
By Victoria Sahani, Amy SchmitzThis article first appeared on the Securities Arbitration Alert Blog, here. The Supreme Court was back in session on October 3. Here are some arbitration-centric cases worth knowing about, including...
By George FriedmanJust as we were finalizing the last Alert, we learned that a Georgia Trial Court had vacated a FINRA Award based on multiple Federal Arbitration Act (“FAA”) grounds. Here is the...
By George Friedman
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