40. Browsewrap Arbitration Agreements; Finding a 3rd Party Beneficiary; the Inability to Use an Arbitration Award in a Previous Matter; Condo Associations, Arbitration Provisions & Unconscionability.

Civil Action with Brian & Shant

Wilson v. Huuuge Inc.

Brian and Shant discuss a class action based on a browsewrap arbitration agreement’s requirements. Seemingly hidden, the consumer would have had to vigorously search through the website to find the agreement’s terms. Accessibility to the terms dictate the determination of the outcome here.

Philadelphia Indemnity Ins. Co. v. SMG Holdings, Inc.

Brian and Shant discuss an additional named insurer added at the request of a named insurer to determine whether it can seek indemnification from the added party. The added insurer argues that because the named original insurer denied coverage indemnification does not apply.

Barranco v. 3D systems Corp

Brian and Shant discuss the purchase agreement between two companies where one requested to introduce the prevailing arbitration award in their prior contract action. The request was denied by the trial court and the appeals court reviewed the denial as an abuse of discretion and ultimately upheld trial court’s decision.

Aloca Dos Vientos v. CalAtlantic Group, Inc. 2nd DCA

Brian and Shant discuss condominium associations and the arbitration agreements that are at issue in construction defect litigation. Covenants Conditions & Restrictions require that if an action is brought against the builder it must be done through arbitration. Generally, builders and HOAs have been granted a number of protections that must be considered prior to bringing an action.