21 results for 'cat:"Arbitration" AND cat:"Fraud"'.
J. Urias grants the car dealership's motion to compel arbitration, ruling the agreement signed by the buyer is a valid contract, while the delegation provision to allow the arbitrator to determine recovery of attorney fees is not unconscionable and the burden of arbitration is not "so onerous" as to render the agreement unenforceable.
Court: USDC New Mexico, Judge: Urias, Filed On: May 9, 2024, Case #: 1:23cv1057, NOS: Other Fraud - Torts - Personal Property, Categories: arbitration, fraud, Contract
J. Payne grants the game app developer's motion to compel mandatory alternative dispute resolution. The creators of the popular app Candy Crush launched the Candy Crush All Stars 2023 Tournament, which allowed Candy Crush players worldwide to compete for a chance to win $250,000 in prizes and an expense-paid trip to London. A participant accuses the creators of omitting or actively misrepresenting certain information to participants, which caused them to overestimate their chances of success and spend more than they otherwise would have on in-app purchases to boost their competitiveness. The participant agreed multiple times to the developer's terms and conditions, which contain a clause on settling matters out of court.
Court: USDC Eastern District of Virginia, Judge: Payne, Filed On: April 18, 2024, Case #: 3:23cv314, NOS: Other Fraud - Torts - Personal Property, Categories: arbitration, fraud, Consumer Law
J. Polster grants GameStop's motion to dismiss, ruling that because the terms and conditions of the customer's "pro" rewards membership include a mandatory arbitration clause, his claims regarding certain handling charges that could potentially violate the free shipping advertised in the program must be decided via arbitration.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: April 16, 2024, Case #: 5:23cv1970, NOS: Other Fraud - Torts - Personal Property, Categories: arbitration, fraud, Class Action
J. Swain dismisses fraud claims against Wyndham Hotels stemming from alleged predatory tactics that induced elderly citizens to buy timeshare ownership interests. After buying the shares, the citizens found the properties unavailable on requested dates and were told they needed to pay more to upgrade their seniority. However, the claims against the hotel chain are subject to mandatory arbitration pursuant to the retail installment contract, so the complaint is dismissed for lack of jurisdiction.
Court: USDC Southern District of New York, Judge: Swain, Filed On: February 12, 2024, Case #: 1:22cv9700, NOS: Other Fraud - Torts - Personal Property, Categories: arbitration, fraud, Consumer Law
J. Haight denies the solar panel company's motion to stay proceedings and compel arbitration, ruling the testimony of the 80-year-old buyers and their children requires the enforceability of the arbitration provision in the contract to be determined by a jury. The buyers were never told about a loan, only that solar panels would be installed at their home, and they were also never given a written contract.
Court: USDC Connecticut, Judge: Haight, Filed On: February 8, 2024, Case #: 3:21cv1020, NOS: Truth in Lending - Torts - Personal Property, Categories: arbitration, fraud, Consumer Law
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J. Blumenfeld grants a shipping company's motion to compel arbitration regarding a wood chip exporter's allegations of violations of California’s Business and Professions Code, fraud, misrepresentation, negligence and unjust enrichment after the Covid-19 pandemic shut down the port in China where the wood chips were to be sent. The exporter sought to cancel the charters, but under the charter agreement terms, it was still obligated to pay the shipping company, who it claims exploited the pandemic crisis by charging excessive rates. The court has jurisdiction, and a valid arbitration agreement exists between the parties under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Court: USDC Central District of California, Judge: Blumenfeld, Filed On: December 19, 2023, Case #: 2:23cv7676, NOS: Arbitration - Other Suits, Categories: arbitration, fraud, Negligence
J. Ruiz grants the solar power company's motion to dismiss and compel arbitration, ruling none of the buyer's arguments regarding hard sell tactics relate specifically to the arbitration provision in the parties' contract and, therefore, cannot be used to render that provision unconscionable or unenforceable.
Court: USDC Northern District of Ohio, Judge: Ruiz, Filed On: September 28, 2023, Case #: 5:22cv1238, NOS: Other Contract - Contract, Categories: arbitration, fraud, Contract
J. Tashima finds that the district court improperly denied a motion to compel arbitration in a fraudulent transfer action and remands the matter for further proceeding. The matter involves a Ponzi scheme which was the subject of a Securities and Exchange Commission enforcement action and resulted in the appointment of a receiver. The district court found that the receiver was bound by arbitration agreements signed by the receivership company that was the "instrument of the Ponzi scheme." The matter is remanded to consider whether the investors met their burden of establishing that the fraudulent transfer claims arose out of agreements with the receivership entity. Reversed.
Court: 9th Circuit, Judge: Tashima , Filed On: September 28, 2023, Case #: 22-55856, Categories: arbitration, fraud
J. Tenney finds that the trial court improperly denied an escrow agent's motion to compel arbitration of fraud, conspiracy and contract claims made by real estate buyers. The escrow agent is a third-party beneficiary because it was expressly named in the purchase contracts and because the buyers' claims against it are tied to the underlying transactions, so it can enforce the contracts' arbitration provisions. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: September 21, 2023, Case #: 20220047-CA, Categories: arbitration, fraud, Real Estate
J. Carr finds a lower court improperly dismissed the Republic of Mozambique's contract claims against a naval ship building company. The ship building company argued that Mozambique is obligated to guarantee loans it took out to forge supply contracts with third parties in a certain economic zone. However, even though Mozambique presented evidence in court that the ship builder took bribes from corrupt officials, both parties are bound to an arbitration clause in the agreement. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Carr, Filed On: September 20, 2023, Case #: A4-202-1467, Categories: arbitration, fraud, Contract
J. Hodgens reverses the determination that an eye surgeon’s failure to translate an arbitration agreement to Spanish for his patient, amounts to fraud in the inducement. The patient’s lack of understanding of the form does not mean it was a form of fraud in the inducement because the patient signed the form anyway, even though he could have requested an interpreter or otherwise chosen not to sign the form until he could understand it.
Court: Massachusetts Court Of Appeals, Judge: Hodgens, Filed On: August 31, 2023, Case #: 22-P-904, Categories: arbitration, fraud, Contract
J. Contreras confirms a $70 million arbitration award in favor of a group of marketing companies in a fraudulent inducement case against an advertising company that convinced the companies to buy it after it misrepresented its database of email addresses, demographics and ability to target customers. The advertiser fails to establish a ground for vacatur.
Court: USDC District of Columbia, Judge: Contreras, Filed On: August 25, 2023, Case #: 1:22cv3278, NOS: Arbitration - Other Suits, Categories: arbitration, fraud
J. Engelmayer grants the clean energy fin-tech company's motion to compel arbitration regarding claims from a consumer who is part of a class action accusing the solar energy equipment supplier, the clean energy fin-tech company and others of fraudulently inducing consumers to purchase and install solar panels for their homes with the promise of "welcome checks" that were never paid. The consumer at issue signed the contract after a representative visited her home to obtain her signature for financing and installation. She should have known of the existence of terms and conditions even if no one explained them to her. She is not exempt from arbitration.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: August 17, 2023, Case #: 1:22cv10816, NOS: Other Fraud - Torts - Personal Property, Categories: arbitration, fraud, Class Action
[Consolidated.] J. Marbley grants the corporate officer's motion to dismiss, ruling that the conclusory allegations made by buyers of the defective solar energy equipment are insufficient to prove the officer was directly involved with allegedly fraudulent sales practices or that he exercised total control over the solar energy company. Meanwhile, the arbitration agreement between the financing company and the buyers is valid and enforceable, and so the claims against it will be dismissed and sent to arbitration.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: August 2, 2023, Case #: 3:22cv242, NOS: Other Contract - Contract, Categories: arbitration, fraud, Contract
J. White grants the online education company's motion to compel arbitration of the user's claims alleging that she was enrolled in an automatic e-textbook renewal program without her knowledge or express consent. The online platform's terms of use include an arbitration agreement which is sufficiently conspicuous to give users constructive notice, and the user unambiguously assented to the agreement by creating an account, despite her assertion that she never clicked a "create an account" button to do so.
Court: USDC Northern District of California, Judge: White, Filed On: July 25, 2023, Case #: 4:22cv9123, NOS: Other Fraud - Torts - Personal Property, Categories: arbitration, fraud, Consumer Law
J. Tunheim partially grants the business purchaser's motion to confirm an arbitration award, for recovery of costs and attorney's fees and to correct a technical error in the arbitration award. The arbitrator did not err by determining that the purchaser did not breach the businesses' former owner's employment agreement by failing to pay him a contractually promised salary upon termination, nor by failing to hear evidence related to a fraudulent-inducement argument. The award is therefore confirmed, but the purchaser's proposed modifications are not. The former owner's fraudulent-inducement counterclaim cannot succeed, so a stay on it is lifted and it is dismissed. The purchaser's request to expand the scope of its summary judgment to include admissions made in an answer in related Illinois litigation is denied.
Court: USDC Minnesota, Judge: Tunheim, Filed On: June 28, 2023, Case #: 0:17cv5009, NOS: Other Contract - Contract, Categories: arbitration, fraud, Contract
J. Kendall partially denies a bitcoin mining rig manufacturer’s motion to dismiss contract and fraud claims brought against it by bitcoin miners unhappy with its products. The court finds, despite the manufacturer’s assertion otherwise, that it does have subject-matter jurisdiction over the case. However, the court also construes the manufacturer’s claim of improper venue as a motion to compel arbitration and grants it.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: May 31, 2023, Case #: 1:22cv7121, NOS: Other Contract - Contract, Categories: arbitration, fraud, Contract