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Consumer Arbitration Agreements
2011 6th ed. and 2012 Supplement
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518 pp. plus 100-pp. Supplement
and Companion Website
ISBN 978-1-60248-096-4
Summary Contents
Table of Contents
Supplement Contents
Index
Supplement Index
About the Companion Website
About the Authors
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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 2011 Concepcion ruling 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.
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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.
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