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 Wendy Gonzales, Founder of Cyberarb (the Initiative for Cybersecurity in International Arbitration) as well as Disputes & Litigation Counsel at ASUS...
By Wendy Gonzales, Amy SchmitzMany years ago, I conducted focus groups in Denver, Colorado, asking consumers to discuss their understanding of arbitration. Nearly all the consumers assumed that arbitration is the same as mediation....
By Amy SchmitzThis blog was originally published on the Practical Law Arbitration blog on 18 May 2021. Practical Law is part of Thomson Reuters A new report by the Arbitration Committee of the NYC Bar attempts to...
By Michael Lampert
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