Litigation Byte
Litigation Byte (March 2025 Edition)
Read Time: 2 minsDelivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. Subscribe here.
Court Finds Arbitral Forum’s Decision to Consolidate Cases is Not a Gateway Arbitrability Question
The Ninth Circuit Court of Appeals affirmed a district court’s decision to deny the plaintiff’s motion to compel arbitration, finding that the plaintiff was not an “aggrieved” party within the meaning of the Federal Arbitration Act because the defendant did not refuse to arbitrate.
Court Refuses to Enjoin Mass Arbitration on Personal Jurisdiction Grounds
Companies facing the threat of mass arbitration continue to seek judicial intervention to thwart such tactics. However, most of those attempts have failed. Recently, the District Court in the District of Columbia rejected a company’s attempt to preliminary enjoin more than 1,000 customers from proceeding to arbitrate claims in California.
Court Enjoins Landlord from Reporting Withheld Rent Payments to Credit Reporting Agencies
On March 11, 2025, the New York County Civil Court issued an injunction under the New York Fair Credit Reporting Act barring a landlord from reporting to the credit reporting agencies the withheld rent payments, notwithstanding the court’s lack of jurisdiction to award injunctive relief.
EDVA Grants Summary Judgment in Favor of Defendant in Putative Class Action Involving Allocation of Mortgage Payments
On February 24, 2025, the Eastern District of Virginia granted summary judgment in favor of the defendant on a putative class action alleging that Defendant violated fair debt collection provisions of the West Virginia Consumer Credit and Protection Act.
Ohio Court Navigates the Complexities of Lemon Law Claims
Lemon law claims present enormous issues of fact, involving questions such as “When does a vehicle issue rise to the level of a nonconformity?” “Should all repairs be considered under a claim if they are for different issues?” and “What if repairs are delayed for reasons outside of the defendant’s control?”
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