Archive for the arbitration provisions Category

Initial Those Arbitration Provisions

Whether or not the Federal Arbitration Act preempted Code of Civil Procedure section 1298.7 relating to construction defect litigation, and whether or not sufficient interstate commerce existed for such preemption were integral issues in Edward D. Basura, Jr., et al., vs. U.S. Home Corporation, (Case No. B151131, Second District Court of Appeal, filed May 31, […]


Are Contractual Waivers of Class Actions Valid in Arbitration Provisions?

How would you react if, six years after you entered into a credit card agreement, the credit card company took the position that, based upon its one-sided purported amendment, you (the consumer) not only had waived your right to a jury trial but also to your right to institute a class or representative action against […]