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All articles tagged '"Eleventh Circuit"'
7 articles found
DirecTV Asks 11th Circuit to Send Customer’s STELA Data Privacy Claims to Arbitration
By Beth Graham - February 4, 2019
Last week, DirecTV asked the United States Court of Appeals for the Eleventh Circuit to send a data privacy lawsuit that was filed against the company to arbitration.
Circuit Split Regarding Who Determines Class Arbitrability May Require SCOTUS Consideration
By Beth Graham - August 18, 2018
It appears the United States Supreme Court may find itself considering yet another arbitration issue in the near future.
Eleventh Circuit Rules that Delegation Provision is Valid under the Federal Arbitration Act
By Victoria VanBuren - June 14, 2012
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 disput
Eleventh Circuit Rules that Mediation Costs Are not Recoverable for FDCPA Plaintiff
By Victoria VanBuren - April 2, 2012
The United States Court of Appeals for the Eleventh Circuit held recently that a plaintiff who prevails in a lawsuit under the Fair Debt Collection Practices Act (“FDCPA”) cannot recover the fees paid for a court-ordered mediation. See Nicholas v. Allianceone Receivables Management, Inc., No. 11-13764 (11th Cir. Jan. 10, 2012). The court reasoned that the plaintiff was not entitled to mediation fees because those costs are not taxable
2011 Arbitration Case Law | U.S. Supreme Court
By Victoria VanBuren - December 20, 2011
Welcome to Disputing‘s 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 the Federal Arbitration Act preempted California law with regard to class arbitration in AT&T Mobility, LLC v. Concepcion, 09-893, (April 27, 2011). Read James Gaitis guest-posts about the case here and here. On May 17, 2011,
U.S. Supreme Court Remands Class Arbitration Waiver Case
By Victoria VanBuren - November 23, 2011
On November 14, 2011 the U.S. Supreme Court remanded Branch Banking and Trust v. Gordon for the Eleventh Circuit to reconsider its decision in light of AT&T Mobility LLC v. Concepcion, 563 U. S. ___ (2011). In Gordon v. Branch Banking & Trust, 419 Fed. Appx. 920 (11th Cir. Fla. 2011) the Eleventh Circuit had ruled that an arbitration provision in a consumer checking account agreement was unenforceable because the arbitration provisionR
Eleventh Circuit Rules that the Plaintiff’s Act of Amending its Complaint May Allow a Defendant to Resurrect its Previously-Waived Right to Arbitrate
By Victoria VanBuren - September 29, 2011
In Krinsk v. Suntrust Banks, Inc., No. 10-11912 (11th Cir. Sept. 7, 2011) the defendant had participated in the case for nine months without enforcing its right to arbitrate the class action claims. In response to the court’s ruling on the motion to dismiss, the plaintiff amended the complaint and expanded the definition of the putative class from one that covered hundreds of members to one that potentially covered tens of thousands of members. I
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