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Consumer Arbitration Agreements

2011 6th ed. and 2013 Supplement

518 pp. plus 176-pp. Supplement
and Companion Website
ISBN 978-1-60248-096-4

Summary Contents
Table of Contents
Supplement Contents
Supplement Index
About the Companion Website
About the Authors

Experts Explain the Latest On How to Defeat Arbitration Requirements

The experts at Public Justice and other experienced litigators go beyond the case law with key insights:

  • Implications of Supreme Court's Italian Colors and Concepcion rulings and other new Supreme Court cases
  • Federal and state statutory limits on arbitration enforceability
  • Why high costs and remedy limitations are unconscionable
  • Why clauses designating the NAF may now be unenforceable
  • Whether an arbitration clause applies to the dispute and parties
  • Has a binding arbitration agreement been formed?
  • Waiver of right to enforce arbitration agreement.
Other Key Tactics to Respond to Arbitration Clauses
  • Right to discovery re arbitration requirement
  • Protecting a consumer’s arbitration award of punitive damages
  • Judicial review of arbitrator’s award
  • Class arbitration still available in a surprising number of cases.
Key Practice Aids on the Companion Website
  • Sample discovery on enforceability
  • Sample briefs on all common challenges to arbitration agreements
  • AAA documents on fees, waivers, and procedures
  • NAF’s 2011 stipulation to common ownership with collection law firm and court’s similar findings of fact.