HOMA v.
AMERICAN EXPRESS COMPANY et al
On February 8, 2004, AECB issued a Blue Cash Card to Homa, a resident of Essex ... arbitration of any claims arising out of the Cardmember Agreement or ...
http://www.websupp.org/data/DNJ/3:06-cv-02985-21-DNJ.pdf
In re
AMERICAN EXPRESS MERCHANTS'
LITIGATION
in 1999 American Express mailed an arbitration agreement amendment to thousands of ... 2d 189 (E.D.N.Y. 2004). The Stone court found the supplementary ... cardmember continues to withhold payment after the merchant's reply and the “[c] ...
http://www.websupp.org/data/SDNY/1:03-cv-09592-34-SDNY.pdf
Settlement
of Class Action Lawsuit Notice to American Express
...
October 15, 2004. If you made purchases in Turkey after. February 1, 1999, you may receive ... allowed by its cardmember agreements. Settlement Terms. American Express has agreed to: ... lawsuit or arbitration against American. Express. ...
http://www.garwingerstein.com/LiPumaMailedNotice.pdf
ADDENDUM NO.
ITO AMENDED STIPULATION AND AGREEMENT OF
SETTLEMENT ...
practices between February 1, 1999 and January 3 V, 2004 was a net "rounding up" in the approximate amount of 6.58% of the .... Notice to American Express Cardmembers of Refund .... lawsuit or arbitration against American. Express. ...
http://www.garwingerstein.com/LiPumaAddendum1.pdf
1 IN
THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF
...
vacate arbitration award” on July 20, 2004, pursuant to Section 12 of the .... to Sodi that NAF was biased; (3) the cardmember agreement is a contract of ...
http://www.paed.uscourts.gov/documents/opinions/04D0549P.pdf
ARBITRATION IN AMERICA: THE BASICS
The Cardmember Agreement provides that we may choose to resolve a claim ..... J. 40 (2004). 28 Federal Mediation and Conciliation Service, Arbitration .... Shearson/American Express, Inc.,. 490 U.S. 477, 483 (1989) (holding that claims ...
http://www.ialsnet.org/meetings/business/DalyJoseph-USA.pdf
IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE
the 1994 cardmember agreement AmEx Travel sent to Ms. Higgins nor the 1997 cardmember agreement AmEx Centurion sent to Ms. Spann contained an arbitration ...
https://www.tncourts.gov/OPINIONS/TCA/PDF/063/SpannLopn.pdf
IN THE
COURT OF APPEALS OF TENNESSEE AT NASHVILLE
31 Aug 2006 ... In April 1999, AmEx Centurion unilaterally amended Ms. Higgins's and Ms. Spann's cardmember agreements to include an arbitration provision ...
http://www.tba2.org/tba_files/TCA/2006/spannl_083106.pdf
The Hon.
David G. Trager, United States District Judge for the ...
agreements. Thus, in support of its motion to compel arbitration, Amex argued as follows: ... arise directly from the cardmember agreements that Plaintiffs ... 2004), Judge Pauley noted that “'a non-signatory to an arbitration agreement ...
http://www.buckleykolar.com/documents/Ross_v_Am_Ex.pdf
IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE
31 Jul 2007 ... The plaintiff argued that the arbitration agreement was valid under ... Ct. App. W.S., filed May 4, 2004); and. Spann v. American Express, No. ... The card member agreement provided that all questions about the legality, ...
http://www.tsc.state.tn.us/OPINIONS/Tca/PDF/073/CreditGeneralOPN.pdf
IMPORTANT LEGAL
NOTICE ENCLOSED
Notice to American Express Cardmembers of Refund ... October 15,2004. If you made purchases in Turkey after ... allowed by its cardmember agreements. Pagel. Settlement Terms ... or arbitration against American Express. ...
http://www.leonstorie.com/setnotice.pdf
OCT |cMA-ri:22
that the class-action waiver contained in the arbitration provision in. American Express's cardmember agreements is substantively unconscion- ...
http://www.courts.wa.gov/content/Briefs/A08/resp Cingular Wireless stmt add'l auth.pdf
No. 77406-4
On May 17, 2004, Cingular's attorneys mailed a letter to Merritt's attorneys, advising them that Merritt was ... other cardmembers with respect to other accounts, or ... bound by an arbitration agreement, the court held that ...
http://www.courts.wa.gov/content/Briefs/A08/petrs stmt add'l auth.pdf
UNITED
STATES COURT OF APPEALS FOR THE SECOND CIRCUIT ______ ...
motion to compel arbitration. See In re American Express Merchants Litig., No ... By an order, dated December 10, 2004, that court consolidated these two ... American Express issues card products to its cardmembers, .... Acceptance Agreement. Amex purportedly informed these plaintiffs of the inclusion of the clause ...
http://pubcit.typepad.com/files/american-express-case.pdf
PRECEDENTIAL
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ...
24 Feb 2009 ... On February 8, 2004, AECB issued a Blue Cash card to Appellant G.R. Homa (“Homa”), a New Jersey ... American Express Credit Cardmember and American Express .... arbitration agreement unconscionable under Virgin Islands ...
http://www.classactionlitigation.com/Homa_Decision_022409.pdf
lAMF!B
The arbitration agreement at issue in. Armendariz did not meet these requirements because it attempted to ... App. 4th 77 (2004), briefed and argued by. LAWorld member Christa & Jackson, is ... its cardmember agreement by inserting ...
http://www.christalaw.com/images/downloads/LAWorld_vol_16.pdf
Credit Card Accountability
by S Issacharoff - Cited by 44
http://lawreview.uchicago.edu/issues/archive/v73/winter/09.Issacharoff.pdf
Here's the
scenario: Your company
tion agreement and declared the entire arbitration agreement unenforceable. ... cardmember agreement by inserting an amendment inside a regular monthly billing statement. ..... January 2004, subsequently extended by a year to 9 January ...
http://makdap.com.au/docs/LAWorld Newsletter16.pdf
Forced
Arbitration: Unfair and Everywhere
arbitration practice, we called American Express back to see whether the ... Cardmember Agreement “includes an arbitration provision that may limit .... 54 Harriet Chiang, Wells Fargo Settles Lawsuit, S.F. CHRON., Aug. 24, 2004, at C1. ...
http://www.citizen.org/documents/UnfairAndEverywhere.pdf
Public
Citizen Analysis of Ernst & Young Study
ERNST & YOUNG STUDY ON CONSUMER ARBITRATION IS. MEANINGLESS. A 2004 ... consumer “won” if the case was dismissed at the consumer's request (or by agreement). ..... cardmembers, specificalfy provide that the arbftration proceedings are ...
http://www.citizen.org/documents/RebuttalErnstYoungStudy.pdf
American Express Company Annual Report
2004
We introduced American Express Selects, a new global cardmember benefit with nearly ...... pany also signed an agreement with Citibank in. December 2004 to issue American ...... number of legal and arbitration proceedings concern- ...
http://www.onlineproxy.com/amex/2005/nonvote/ar/AXP_annual04.pdf
__
"belief" that arbitration agreements provide a quick and inexpensive method to resolve disputes, ... If the same cardmember was forced to arbitrate, she would have to pay the ..... 2004)(despite party's inability to pay costs, court ...
http://www.arnoldbatsonturner.com/Arbitration Article- ALTA.pdf
Brief of respondent for Vaden v. Discover Bank, 07-773
her Cardmember Agreement that included a broad arbitration clause allowing either party ...... 2004); Smith Barney, Inc. v. Sarver, 108 F.3d 92, 95 n.3 (6th ...
http://www.abanet.org/publiced/preview/briefs/pdfs/07-08/07-773_Respondent.pdf
Committee
Forum: Annual ADR Update: 2005
the National Arbitration Forum in 2004, where he is responsible for domestic ...... Delaware choice-of-law in Discover Bank's Cardmember Agreement and then ...... American Express Company, et al, Index No. 602754/01 (New ...
http://www.abanet.org/buslaw/newsletter/0041/materials/pp6.pdf
UNITED
STATES COURT OF APPEALS
13 Jun 2007 ... appeal in December 2004. In January 2005, we considered the issue ... valid arbitration agreement between Vaden and Discover Bank. ..... the relationship among Discover Bank, DFS, and a cardmember such as. Vaden. ...
http://pacer.ca4.uscourts.gov/opinion.pdf/061221.P.pdf
UNITED
STATES COURT OF APPEALS
24 Jan 2005 ... Whether or not a valid arbitration agreement exists between the ... addressed only to Discover card members who held a Discover Plati- num card. ... On June 21, 2004, the district court rejected Ms. Vaden's argu- ...
http://pacer.ca4.uscourts.gov/opinion.pdf/041848.P.pdf
Worldwide
Asset Purchasing, LLC v. Nancy A. Stern and Commonwealth ...
Arbitration Appeals-·Preliminary Objections-Sufficiency of. Complaint Under Pa. R.c.p 1019 and 1042 .... unsigned Visa or MasterCard CardMember Agreement which .... cation is dated July 29, 2004. See Rokeby-Johnson v. William ...
http://www.consumerlaw.org/unreported/content/Stern_Order.PDF
CD-Rom Contents
18, 2004). AAA Federal Tax Return Form 990 for the Year 2000 .... Arbitration Association) in his arbitration agreement and encouraging him to redraft the agreement ... 20000 bank/cardmember arbitrations that had proceeded to a final ...
http://www.consumerlaw.org/publications/manuals/content/arbitration/arb-cd.pdf
Attorney General Erases $3.5 million from Debt Purchaser's ...
are credit card member agreements. ... Attorney General McGraw's office began investigating Midland in 2004 after ... take disputes to court and instead settle disagreements in arbitration, the newspaper said. Now ...
http://www.livingfreeandclear.com/wp-content/uploads/file/MidlandCase.pdf
Attorney
General Erases $3
are credit card member agreements. (2). As the superior party in a unilateral ... Attorney General McGraw's office began investigating Midland in 2004 after ... arbitration as well as advise on how to set up arbitration agreements with ...
http://freedom-school.com/seek_and_yea_shall_find.pdf
Written
Testimony Of Michael D. Donovan Partner DONOVAN SEARLES ...
AMEX then attempted to compel arbitration ..... Card Operations of Depository Institutions (June 2004), available at ...... “change in terms” clause in the Cardmember Agreement to change what at the outset were seemingly fixed ...
http://judiciary.house.gov/hearings/pdf/Donovan090505.pdf
57 NAF Knutson
cardmember agreement contained a class ... misapplying the law where the arbitration agreement ... 2004) (cita- tion omitted). 6 Delta Funding Corp. v. ...
http://www.adrforum.com/rcontrol/documents/ArticlesByFORUMStaff/200707KnutsonMCC.pdf
Todd L.
McLawhorn
Advertising arbitration. Arbitrated a dispute on behalf of a professional ... agreements obtained from bankrupt cardmembers. Obtained a court ... President, Village Club of Western Springs, 2004 to 2005 ...
http://ww2.howrey.com/docs/bios/McLawhornT.pdf
Chase
Bank USA v. Hale, 601044/07 Decided: March 31, 2008 I ...
Pursuant to the Cardmember Agreement,. Chase issued three "convenience checks" to Hale along with her January 26, 2004 statement. ...
http://www.stcwlaw.com/decisions/decision-of-interest.pdf
Chase Bank USA
v. Hale, 601044/07 Decided: March 31, 2008 Page 1 ...
Pursuant to the. Cardmember Agreement, Chase issued three "convenience checks" to Hale along with her. January 26, 2004 statement. ...
http://www.stcwlaw.com/decisions/hale-decision.pdf
NOT TO
BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL ...
10 Jan 2007 ... Citibank credit card member. The lawsuit alleges Citibank and Ford Motor Company .... Central Valley RV Outlet (2004) 124 Cal.App.4th 1159, 1165; ... argued the arbitration agreement should not be applied retroactively ...
http://www.courtinfo.ca.gov/opinions/revnppub/B187081.PDF
Short Form Order NEW YORK SUPREME COURT - QUEENS COUNTY PRESENT
...
Arbitration to Your Cardmember Agreement”. Based on this change, the Card Agreement .... 190, 191,[1st Dept 2004], lv denied 5 NY3d 702 (2005) ("Defendant ...
http://www.nycourts.gov/library/queens/PDF_files/10_08/frankel-citicorp.pdf
DIRECTV
REWARDS™ VISAо CARD
highly-acclaimed Slingshot which was awarded the 2004 Iron of the Year ...... arbitration provisions of your Cardmember Agreement, other than any claims ...
http://www.directv.com/rewards/catalogue.pdf
CONTROL OVER DISPUTE-SYSTEM DESIGN AND MANDATORY COMMERCIAL ...
167 (Winter/Spring 2004). For a cogent criticism of current Supreme Court jurisprudence ..... 101, 102 (citing the Discover Platinum Cardmember. Agreement). ..... arbitration agreement; in other words, it will not administer mandatory ...
https://www.law.duke.edu/journals/lcp/downloads/lcp67dwinterspring2004p221.pdf
Center
for Regulatory Effectiveness
Kirby, 543 U.S. 14, 31-32, 125 S.Ct. 385, 397 (2004) .... e=intBenefitDetail (American Express); https://www.paypal.com/us/cgi- ... that unless the cardmember reads the fine print and rejects the arbitration agreement in writing ...
http://www.thecre.com/pdf/CRE Memorandum of Law -- 02.01.07.pdf
Shock Waives
26 Jan 2006 ... arbitration agreement as written, including the class action waiver.38 ..... DATE CLAIMS IN ARBITRATION BY OR. AGAINST OTHER CARDMEMBERS WITH ... (Ohio Ct. App. 2004); West Virginia ex rel. Dunlap v. ...
http://www.lacba.org/Files/LAL/Vol29No1/2240.pdf
Los Angeles
Lawyer
arbitration agreement as written, including the class action waiver.38 ..... DATE CLAIMS IN ARBITRATION BY OR. AGAINST OTHER CARDMEMBERS WITH. RESPECT TO OTHER ACCOUNTS, OR ...... 4th 1181, 1189 (2004) (If a response to a request is too ...
http://www.lacba.org/Files/LAL/Vol29No1/2236.pdf
W
... financial institutions and directly to American Express card members residing in ... entered into an agreement, whereby AMEX Trust provides the safekeeping and ..... Acceptable insolvency, errors and omissions and arbitration clauses were ... of the Company as of December 31, 2005, 2004, 2003, 2002 and 2001 as ...
http://www.state.mn.us/mn/externalDocs/Commerce/RiverSource_Life_Insurance_Company_081407093459_RiversourceLIC12-31-05.pdf
MINUTES UNITED STATES JUDO, INC. SEPTEMBER 24,
2004 BOARD OF ...
24 Sep 2004 ... The green card members now can take some of their national testing rather than ... Selection of a manager arbitration was dismissed. ..... Contract Negotiation Negotiation of Tournament Agreements with winning bidders, ...
http://www.judo.teamusa.org/assets/documents/attached_file/filename/6436/September_24_2004_Board_Minutes.pdf
EROSS
VACATION RENTAL AGREEMENT
It is agreed that Rentor will rent condominium unit #2004 (the “Unit”), .... mutual agreement between two arbitrators, one chosen by Owner and the other by Rentor. ... Cardmember agrees to pay the total charged by Landlord in accordance ...
http://erossvacation.com/images/Agreement.pdf
C:\Documents and Settings\jlegg\Local
Settings\Temp\SEOLSdkt.wpd
Issue presented: Whether motion to confirm arbitration award should be ..... stock cardmember agreement was the contract governing the account. ...... years when, in March 2004, she was found eligible for rental assistance under the ...
http://www.ohiolegalservices.org/oslsa/oslsadocs/SEOLSdkt204-15-08.pdf
scan0002.pdf
22 Oct 2009 ... disclosed was in the cardmember agreement or the initial disclosure statement, ... agreements contained arbitration clauses when the first ...
http://www.ccfsettlement.com/documents/mdl-1409-oct-22-2009-1238-ts.pdf
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK IN RE
...
... merged with and into Bank of America, N.A. On June 1, 2004, .... the American Express Optima and Blue cards – that usually permit the cardholder ..... fees was in either the Card Member Agreement or the initial disclosure statement, ... them met and discussed implementing compulsory arbitration clauses upon ...
http://www.ccfsettlement.com/documents/fcc_3rd_am_consol_complaint.pdf
The Merrill AccoladesTM American Expressо Card Program Terms and
...
Merrill Accolades American Express Cardmembers can benefit from the ..... Cardmember means a person who has entered into an agreement with Merrill Lynch .... NEVADA#2004-0029. Washington UBI # 602 425 801 To qualify, purchase must be ...... the commercial arbitration rules of the American Arbitration Association on ...
https://card.ml.com/NR/rdonlyres/02D843BD-7433-42A9-B185-DA99ABF4CE5A/0/75169.pdf
IN
THE SUPREME COURT OF CALIFORNIA
27 Jun 2005 ... But plaintiff's arbitration agreement with Discover Bank has a clause forbidding classwide arbitration. ... ARBITRATION BY OR AGAINST OTHER CARDMEMBERS WITH ...... Labor Ready, Inc. (2004) 124 Cal.App.4th 1522, 1530 ...
http://www.svmedialaw.com/Discover Bank v Superior Court.pdf
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