Despite my attention-grabbing header, I think this case is likely correctly decided under our current system, where just about everything goes to arbitration. FCA (Fiat Chrysler Automobiles) likely could not have brought its motion to compel arbitration any earlier, and… Source by ContractsProf Blog Read More
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Class Action Warranty Claim Dismissed, Illustrating Unnecessary Complexity of Warranties
Putative Class Plaintiff Hadassah Shellenberger purchased a Whirlpool dishwasher from Best Buy in April 2020 for around $1100. In May 2020, having received solicitations in the mail, Ms. Shellenberger purchased a three-year Service Plan from AIG WarrantyGuard (AIG). The materials… Source by ContractsProf Blog Read More
Another Chicago Cubs Victory (in Court, but Still)
Just last month we celebrated the Cubs’ W over the owner of a rooftop seating venue across the street from storied Wrigley Field. After the post was drafted, the District Court more emphatically denied defendant Aidan Dunican’s motion for reconsideration…. Source by ContractsProf Blog Read More
Teaching Assistants: Sabine Tsuruda’s “Basic Interests” Approach to Unconscionability. Doctrine
Martha Ertman (right) provides an excellent review of Sabine Tsuruda’s recently published article, Race, Unconscionability, and Contractual Equality, I won’t try to summarize Professor Ertman’s summary. I just want to make two supplemental comments, one Professor Tsuruda’s take on statutory… Source by ContractsProf Blog Read More
Friday Frivolity: Nice v. Fun Markets; Clean Sports v. Dope Sports
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Home Depot Wins Summary Judgment on Class Action Relating to Rented Tools
Plaintiffs rented tools from Home Depot and then sought to bring two claims on behalf of a purported class of similarly-situated individuals. First, plaintiffs alleged that Home Depot overcharged them for late rental returns. Second, plaintiffs allege that when Home… Source by ContractsProf Blog Read More
ERISA Claims: A Chink in the Armor of Class Action Waivers
Bradley Fleming, an employee of the Kellogg Company (Kellogg) and a participant in its defined contribution (401(k)) retirement plan, alleged breach of fiduciary duty sounding in ERISA § 502(a)(2), 29 U.S.C. § 1132(a)(2) against Kellogg and the fiduciaries who ran… Source by ContractsProf Blog Read More
