Category Archives: Arbitration Issues

Medical Equipment Rental Antitrust Claims Must be Arbitrated

Eastern District of Texas Judge David Folsom has held that Freedom Medical Inc. must arbitrate its antitrust claim against medical device rental firm Premier Purchasing Partners.  Freedom had used a Premier on-line system called Passport that requires users to agree to arbitrate any disputes.  The plaintiff analogized the agreement to a mandatory click through agreement, […]

Merchant Fee Case Against AmEx to Move Forward

The Second Circuit has reaffirmed its decision that a merchant class action challenging the fees that American Express charges merchants to accept its cards can move forward.  The merchants argued that AmEx unlawfully tied the acceptance of its charge cards to acceptance of its credit cards.  Although the merchants are willing to pay a premium […]