May 29, 2012, the Second Circuit denied rehearing to Nat’l Supermarkets Ass’n v. Am. Express Travel Servs. Co. (In re Am. Express Merchants’ Litig.), No. 06-1871 cv (2d Cir. May 29, 2012). The underlying case (“Amex III”) had concluded that AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011) addresses state contract rights and does not apply to Amex III since Amex III deals with federal statutory rights.
In In re Checking Account Overdraft Litigation, No. 11-14282 (11th Cir. March 21, 2012). Maxine Given filed a class action against Manufacturers and Traders Trust Company (M&T Bank), alleging that M&T Bank improperly charged its checking account customers overdraft fees. The customer agreement included an arbitration clause obligating customers to arbitrate disputes arising out of the checking account; it also stated that whether a dispute was subject to arbitration was to be decided by an arbitrator.
In Hand V. Walnut Valley Sailing Club, No. 11-3228 (10th Cir. April 4,2012) plaintiff is a former member of defendant sailing club. Soon after plaintiff complained that his storage shed at the club didn’t comply with the American with Disabilities Act, plaintiff’s membership to the club was revoked. In response, plaintiff filed suit in federal court. The court sent the parties to mediation.
Last week, the U.S. Supreme Court reversed and remanded orders of the Supreme Court of Appeals of West Virginia which held unenforceable all predispute arbitration agreements that apply to claims alleging personal injury or wrongful death against nursing homes. See Marmet Health Care Center, Inc., et al. v. Clayton Brown, et al., Case Nos. 11–391 and 11–394, 565 U. S. ____ (Feb. 21, 2012).
As part of the 2011 Year-End Highlights, we present noteworthy arbitration opinions from the Circuit Courts. The Ninth Circuit refused to compel arbitration because arbitration clause was not broad enough to cover dispute. In Cape Flattery Limited v. Titan Maritime, LLC, No. 09-15682 (9th Cir. July 26, 2011), Cape Flattery, a ship owner had contracted with Titan, a salvage company, to remove a stranded vessel from a reef.
Welcome to Disputing’s Blog 2011 Year-End Highlights. During this year, the U.S. Supreme Court decided several cases related to arbitration: On April 27, 2011, in a 5-4 decision, the United States Supreme Court ruled that the Federal Arbitration Act preempted California law with regard to class arbitration in AT&T Mobility, LLC v. Concepcion, 09-893, (April 27, 2011).