Arbitration Fight Intensifies After Initial Court Rejection
In June, U.S. District Judge Brandy McMillion rejected FCA’s first attempt to send the case into arbitration, finding the company had not sufficiently shown that enforceable contracts existed.
But in November, FCA returned with a renewed motion, arguing that 20 lead plaintiffs signed lease or purchase agreements containing not only arbitration clauses but delegation clauses — provisions handing arbitrators the authority to decide whether a dispute is arbitrable.
FCA further contends that additional plaintiffs accepted arbitration terms through a written warranty booklet included with the vehicles. At least 16 drivers, the company says, requested free repairs under that warranty, creating a “bilateral contract” that included an arbitration requirement.
Both FCA and counsel for the drivers declined to comment Tuesday.
Legal Teams on Both Sides Line Up
Drivers are represented by:
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E. Powell Miller, Dennis A. Lienhardt, Dana E. Fraser — The Miller Law Firm PC
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Roger N. Heller, Phong-Chau G. Nguyen, Nicholas W. Lee — Lieff Cabraser Heimann & Bernstein LLP
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John R. Davis — Slack Davis Sanger LLP
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Craig S. Davis — Lockridge Grindal Nauen PLLP
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Todd M. Friedman, Adrian R. Bacon, Meghan E. George — Law Offices of Todd M. Friedman PC
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Robert K. Shelquist — Cuneo Gilbert & LaDuca LLP
FCA is represented by:
Stephen A. D’Aunoy, Scott H. Morgan, Fred Fresard, Ian Edwards — Klein Thomas Lee & Fresard.
