Posted on 2/8/2013 1:10 PM By Joe Rossi
On January 22, 2013 the Michigan Court of Appeals, in a case titled Fuego Grill, LLC and Samuel Alvarado v. Domestic Uniform Rental held that courts, not the arbitrator, are able to decide the existence of the contract to arbitrate.
Posted on 4/29/2011 11:29 AM By Ted Westbrook
On April 27, 2011, the U.S. Supreme Court, in a 5-4 decision penned by Justice Antonin Scalia, determined that an arbitration provision in millions of AT&T's subscriber contracts prohibits the filing of class action lawsuits by consumers of AT&T's products. The long-pending case, AT&T Mobility LLC v. Concepcion, turned on whether a California law disallowing arbitration provisions that waived consumers' rights to bring class claims was contrary to a federal law which favors private arbitrations over lawsuits. The court held that California's law was invalid. Justices Breyer, Ginsburg, Sotomayor and Kagan dissented.