Civil Action Podcast

27. Arbitration Agreements; Fair Credit Reporting Act; Standing Under Article III; Right to Administrative Remedies; Distinctions Between Procedural & Substantive Unconscionability

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Arbitration Agreements; Fair Credit Reporting Act; Standing Under Article III; Right to Administrative Remedies; Distinctions Between Procedural & Substantive Unconscionability
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Brian and Shant discuss the following cases:

Monster Energy Company v. City Beverages LLC: When must the arbitrator disclose information regarding their financial interest in the arbitration company, and whether an unfair advantage exists when the arbitration company has handled numerous arbitrations for the advantageous party.

Nayab v. Capitol One Bank: What determines an “injury” under Article III when a consumer’s credit report is run without prior approval?  And, what can the consumer do to prevent that conduct in the future?

Stafford v. Attending Staff Association of LAC & USC Medical Center: Whether an elderly physician forfeited his right to administrative remedies when he chose to file an unsuccessful action in superior court prior to concluding the administrative appeal process.

Davis v. TWC Dealer Group: Not one, but three separate contracts of adhesion from a car dealership to a family tasked with running the finance department.  What constituted substantive and procedural unconscionability and the need for both to exist in order for the claim to survive.

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