Litigation

Arbitration Provision Prohibiting Class Actions is Upheld

By H. William Allen et al.

An arbitration provision that prohibited a class action was upheld in Smith v. Comcast Corp., 2009 U.S. Dist. LEXIS 25348 (E.D. Ark. 3/17/09).

Plaintiff filed a class action alleging fraud and deceptive trade practices. However,  Plaintiff's contract contained an arbitration clause. The arbitration clause prohibited Plaintiff from bringing a class action claim. The court clearly had misgivings about the clause but found it was enforceable. The court granted Comcast's motion to compel arbitration.

Full post as published by Arkansas Business Litigation Blog on April 29, 2009 (boomark / email).