Nov 5, 2018

Product Warranties in the Amazon Age

Product Warranties: Amazon boxes ready to ship

New products typically come with warranties. Those warranties also can include other provisions that affect the consumer’s legal rights such as disclaimers of warranties and arbitration clauses. These days, products often aren’t purchased at a store. Consumers purchase them with the click of a mouse, and they are delivered to the front door. How do the terms of a product warranty come into existence when the buyer never touches the product until they arrive after the purchase? The Eleventh Circuit Court of Appeals addressed this question in Dye v. Tamko Bldg. Products, Inc., Case No. 17-14052 (decided November 2, 2018)…. Read more


Oct 23, 2018

Who Decides Whether Class Action Arbitration Is Available? The Eleventh Circuit Weighs In

California Grange Summary Judgement

In JPay, Inc. v. Kobel, Case No. 17-13611 (decided September 19, 2018), the United States Court of Appeals for the Eleventh Circuit addressed whether a court or an arbitrator must decide whether a matter could be arbitrated as a class action. The two claimants at issue had purchased services from JPay. As part of their purchases, they entered into agreements that provided that any dispute between the parties arising out of their agreements would be resolved by arbitration. The agreements specifically said that disputes would be arbitrated pursuant to Rules of the American Arbitration Association. The agreement further provided that… Read more