The Compass

The Compass

Charting Business and Technology Litigation in North Carolina and the Fourth Circuit

Category Archives: Arbitration

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Fourth Circuit Rejects Broad Reading of Arbitration Ban in Dodd-Frank

Posted in Arbitration, Contracts, Fourth Circuit, Uncategorized
In a variation on a familiar refrain, the Fourth Circuit recently upheld the enforceability of another arbitration provision under the Federal Arbitration Act (“FAA”) in Santoro v. Accenture Federal Services, LLC. This time, the plaintiff attempted to escape arbitration by relying on restrictions in the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”)… Continue Reading

NC COA: Tillman Substantive Unconscionability Test No Longer Valid

Posted in Arbitration, Class Action Waivers, North Carolina Court of Appeals
Jurisprudence controlling the enforceability of arbitration provisions has been at the forefront of legal attention for the past decade, and the unanimous decision of a North Carolina Court of Appeals’ (“COA”) panel Torrence v. Nationwide Budget Finances proves that it is still evolving.  Here, evolution breeds uncertainty. In 2008, the North Carolina Supreme Court (“NCSC”)… Continue Reading

Class Action Waivers in Arbitration Clauses are Enforceable

Posted in Arbitration, Class Action Waivers
Recently, in American Express Co. v. Italian Colors Restaurant, a sharply divided United States Supreme Court issued the latest in a series of opinions that protect the enforceability of arbitration agreements.  Our previous post about oral arguments in the case can be found here.  The Supreme Court’s decision clears the way for businesses to require… Continue Reading

Don’t Want To Arbitrate? Pay Attention To All Of Your Contract

Posted in Arbitration, Contracts, Fourth Circuit
You are a business.  You sign a two page purchase order contract that references additional “terms and conditions” on the “following pages,” but there are no following pages.  You believe that language is boilerplate and of no specific meaning, but you do not inquire further.  Think that an arbitration clause contained in those referenced but… Continue Reading