Forced Arbitration Rogues Gallery: References

Forced Arbitration Clauses and Class Action Bans Revealed by Lawsuits

• Candansk, LLC, doing business as Carrington Place Care Center – Candansk, LLC v. Estate of Hicks ex rel. Brownridge, 25 So.3d 580 (2009)
• CENTURY BMW auto dealership (forced arbitration clause and class action ban in dealer/consumer contract) – Herron v. Century BMW, 387 S.C. 525, 693 S.E.2d 394, 72 UCC Rep.Serv.2d 409(2010) –.
• Covenant Dove, Inc. (Covenant Health) – Covenant Health & Rehabilitation of Picayune, LP v. Lumpkin, 23 So.3d 1092 (2009)
• Driftwood Rehabilitation and Nursing Center, n/k/a Riverside Health and Rehab – McCutcheon v. THI of S.C. at Charleston, LLC, 2011 WL 6318575(2011)
• Forever 21 (forced arbitration clause in employment contract) (Cunningham v. Forever 21, Inc. et al., 2011 WL 4985378, Los Angeles County Super. Ct. No. BC450972, (Oct. 20, 2011) Not Reported in Cal.Rptr.3d.
• Gateway Computers (LX6810 computers came with a Limited Warranty that included a Dispute Resolution Provision (“DRP”). The DRP contains a forced arbitration clause and class action ban (United States District Court Central District Of California, Case No. SACV 10-1563-JST (JEMx) Date: July 21, 2011, Title: In re Gateway LX6810 Computer Products Litigation)
• Hooters of America, Inc. and Hooters of Washington, D.C., (forced arbitration clause in employment contract) (Hawkins, et al V. Hooters of America, Inc., et al., 2011 WL 2648602 (U.S. D.C. July 6, 2011)
• Kindred Nursing Center – Kindred Nursing Centers Ltd. Partnership v. Sloan, Court of Appeals of Kentucky, 329 S.W.3d 347 (2012)
• Macy’s West Stores, Inc. (forced arbitration clause in employment contract. Employees have 30 days from the date of hire to opt out of the arbitration provision) (Burnett v. Macy’s West Stores, Inc., 2011 WL 4770614 (E.D. Calif. Oct. 7, 2011).
• Manor Care of Florida – Gessa v. Manor Care of Florida, Inc., — So.3d —-, 2011 WL 5864823 (2011)
• Neiman Marcus Group, Inc. (forced arbitration clause in employment contract).
• New Leaf Academy of North Carolina, LLC (an all-girls boarding school)(forced arbitration clause) (Doe v. New Leaf Academy of North Carolina, LLC, 2011 WL 4434051 (U.S. Dist. Ct. D. S.C. Sept. 22, 2011)).
• Nordstrom, Inc. (forced arbitration clause in employment contract) (Ameser v. Nordstrom, Inc., 2011 WL 4561204 (5th Cir. Oct. 4, 2011).
• OP Winter Haven, Inc, – Shotts v. OP Winter Haven, Inc., — So.3d —-, 2011 WL 5864830 (2011)
• Orkin Exterminating Co. (forced arbitration clause and class action ban in service contract) (Khan v. Orkin Exterminating Co., Inc., 2011 WL 4853365 (U.S. District Court, N.D. Calif., Oct. 13, 2011).“Paragraph 4 of the Service Agreement sets forth an arbitration clause, which includes a class action waiver, which states as follows: 4. “Mediation/arbitration: any controversy or claim arising out of or relating to this agreement, or the services performed by Orkin under this agreement or any other agreement, regardless of whether the controversy or claim arose before or after the execution, transfer or acceptance of this agreement, including but not limited to any tort and statutory claims, and any claims for personal or bodily injury or damage to real or personal property, shall be settled by binding arbitration. Unless the parties agree otherwise, the arbitration shall be administered under the rules of the American Arbitration Association (“AAA”) and shall be conducted by AAA. If administered under the AAA rules, a claim shall be determined under the AAA supplementary procedures for consumer–related disputes in cases where such procedures are applicable. Any other controversy or claim shall be determined under the AAA commercial arbitration rules. The customer and Orkin agree that the arbitrator shall follow the law, including the terms and conditions of this agreement. The arbitrator’s powers to conduct any arbitration proceeding under this agreement shall be limited as follows: any arbitration proceeding under this agreement will not be consolidated or joined with any action or legal proceeding under any other agreement or involving any other premises, and will not proceed as a class action, private attorney general action or similar representative action. The award rendered by the arbitrator(s) shall be final and binding. Judgment may be entered on the award in any court having jurisdiction thereof. Customer and Orkin acknowledge and agree that this arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the federal arbitration act. Before having recourse to arbitration, customer and Orkin each agrees to try in good faith to settle any controversy or claim by at least four (4) hours of mediation administered under the AAA commercial mediation rules with Orkin agreeing to pay the costs of the mediation. The AAA may be contacted at the toll–free number 800–778–7879, or through the following website: http://www.adr.org.”
• SA–PG Sun City Center, LLC, doing business as Palm Garden of Sun City Center – SA-PG Sun City Center, LLC v. Kennedy, — So.3d —-, 2012 WL 513014 (2012)
• Scottsdale Plaza Resort, LLC (forced arbitration clause in employment contract) (see Coup v. The Scottsdale Plaza Resort, LLC, 2011 WL 4625966 (U.S. Dist Ct. D. Ariz, Oct. 5, 2011)
• Triad Health Management of Georgia, III, LLC doing business as Tara at Thunderbolt Nursing and Rehabilitation Center – Triad Health Management of Georgia, III, LLC v. Johnson, 298 Ga.App. 204 (2009)
• Yahoo! Inc. (forced arbitration clause in employment contract) (Yahoo! Inc., v. Iversen, 2011 WL 4802840 (N.D. Calif. Oct. 11, 2011). “I acknowledge and confirm the mutual agreement that Yahoo! Inc. (“Yahoo!”) and I will resolve any employment-related disputes or controversies against Yahoo!, its affiliates, or any officer, director, employee, or agent of Yahoo! or its affiliates, including but not limited to claims related to harassment, discrimination, wrongful termination, retaliation, defamation, and compensation (including equity compensation), by binding arbitration under the then current American Arbitration Association (“AAA”) National Rules for the Resolution of Employment Disputes (“Rules”) and as provided by the Federal Arbitration Act.”