Litigation

Summary Judgment Reversed in Another MBNA America Case

By H. William Allen et al.

This time the case is Helton v. MBNA America Bank, N.A., No. 07-759 (6/4/08), another MBNA America arbitration case that follows Danner v. MBNA, (previously posted 4/27/07), MBNA v. Blanks (previously posted 9/19/07) and MBNA v. Gilbert (previously posted 10/31/07).  

This time MBNA obtained an arbitration award against Helton based upon the arbitration provision in the amendment to the cardholder agreement and filed a petition in Cross County Circuit Court to confirm the award. Helton claimed he never agreed to arbitration and submitted an affidavit to that effect to oppose MBNA's motion for summary judgment. The trial court granted summary judgment to MBNA.

The court of appeals reversed, holding that the affidavit created an issue of fact that precluded summary judgment.

Full post as published by Arkansas Business Litigation Blog on June 05, 2008 (boomark / email).