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The Number One Topic in Consumer Law Today!
An ever growing number of consumer lawsuits are being forced into binding
arbitration based upon the fine print in the original contact, thus shielding
corporations from class actions, punitive damages, discovery, and other
consumer remedies.
No matter what type of consumer lawsuits you bring, odds are you
will have to deal with the enforceability of a binding arbitration clause!
Experts Explain the Latest Theories to Defeat
Arbitration Requirements
This is an exciting collaboration with Trial Lawyers for Public Justice
(TLPJ), a leading advocate for consumers in resisting binding arbitration
clauses.
In-depth case law analysis, and innovative ways to challenge an arbitration
clause’s enforceability that have met the test of actual litigation.
- Whether high fees and limits on statutory remedies conflict with
federal statutory rights
- The Magnuson-Moss Warranty Act and the FAA
- Unconscionability challenges and scope of arbitration agreement
- Has a binding arbitration agreement been formed?
- Waiver of right to enforce arbitration agreement
- Where state law trumps the FAA.
Other Key Tactics to Respond to Arbitration
Clauses
- Right to take discovery on arbitration issues
- Bringing a class action in an arbitration proceeding
- Right to appeal order requiring arbitration
- Judicial review of arbitrator’s past decision.
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 Key
Practice Aids on CD-Rom
- Sample complaint challenging
arbitration agreements
- 12 different sets of sample
discovery concerning the enforceability of an arbitration
clause
- 35 different sample briefs
arguing against enforceability of arbitration clauses
- Affidavits, depositions and
other AAA documents on arbitration fees, waivers, and
procedures
- Key documents re the National Arbitration Forum (NAF)
- American Arbitration Association, the NAF, and JAMS Rules.
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Praise
for the NCLC Manuals |
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