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Results: 1-10 of 144

Defendant waived arbitration rights by failing to assert affirmative defense

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • February 20 2009

Customers of NECC Telecom (NECC), a telephone service provider, brought an action against NECC asserting, among other things, violations of the Federal Communications Act of 1934 and the Federal Communications Commission's Truth-in-Billing Act

London court awards Vivendi $2.41 billion in dispute over Polish wireless stake

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • France, Poland, United Kingdom
  • -
  • February 27 2009

French media conglomerate Vivendi received a long-awaited boost in its effort to win back its stake in Polish wireless carrier Polska Telefonia Cyfrowa (PTC), as a tribunal associated with the London Court of International Arbitration ordered Elektrima Polish utility firm that once partnered with Vivendi in PTCto pay the French firm US $2.491 billion in damages and interest

Supreme Court refuses T-Mobile appeal in arbitration case

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • USA
  • -
  • May 30 2008

T-Mobile USA and other mobile phone operators that add arbitration clauses to subscriber contracts were dealt a blow Tuesday by the U.S. Supreme Court, which let stand a series of lower court rulings that the Federal Arbitration Act (FAA) does not preempt the right of state authorities to allow class action suits against wireless carriers

Court strikes down AT&T arbitration clause

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • USA
  • -
  • September 5 2008

In a legal development touted by plaintiff’s counsel as “extremely important... not only for consumers in Washington State but throughout the country,” justices of the Washington State Supreme Court ruled unanimously that terms in AT&T’s customer service contract that force subscribers to resolve disputes through binding arbitration are “unconscionable” and violate provisions of state consumer protection law

Second Circuit’s finding that plaintiff waived the right to arbitrate is binding on the district court

  • Jorden Burt LLP
  • -
  • USA
  • -
  • April 7 2009

After Interdigital, Inc. (“Interdigital”) brought two suits against Nokia Corporation (“Nokia”) for patent infringement before the International Trade Commission and in the District of Delaware, Nokia petitioned the Southern District of New York for injunctive and declaratory relief and to compel arbitration pursuant to an arbitration clause contained in two contracts that allegedly licensed the patents to Nokia

Hong Kong Court of Appeal considers whether a contractual clause constitutes an agreement to arbitrate

  • Herbert Smith Freehills LLP
  • -
  • Hong Kong
  • -
  • February 14 2007

The case of PCCW Global Ltd (formerly Beyond the Network Ltd) v Interactive Communications Service Ltd (formerly Vectone Ltd) 2006 HKEC 2102, involved proceedings over alleged billing discrepancies in invoices in the sum of US$718,999.26 issued by Beyond the Network (Beyond) to Vectone for the provision of international telephone services

Ninth Circuit applies Oregon law to find class action waiver unenforceable

  • Jorden Burt LLP
  • -
  • USA
  • -
  • May 1 2009

The Ninth Circuit recently concluded that a district court improperly dismissed a consumer class action pursuant to an arbitration agreement between a wireless provider and its customers, holding that the agreement’s class action waiver was unconscionable and therefore unenforceable under Oregon law

Judge invalidates AT&T arbitration clause, allows class action suit to proceed

  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • -
  • USA
  • -
  • May 29 2009

Customers of AT&T Mobility who claim they were forced to pay additional fees following AT&T’s 2004 merger with Cingular will be allowed to proceed with a class action suit against the company as a result of a federal district court ruling that invalidated arbitration provisions written into the AT&T subscriber contract

Arbitration of non-arbitrable claim ordered since it was collateral to an unpleaded arbitrable claim asserted as a set-off

  • Jorden Burt LLP
  • -
  • USA
  • -
  • July 23 2009

OrbitCom, Inc. (“OrbitCom”) brought suit against Qwest Communications Corp. (“Qwest”) seeking the recovery of telecommunications access fees

AT&T’s revised class action waiver found unconscionable

  • Morrison & Foerster LLP
  • -
  • USA
  • -
  • December 8 2009

In a class action claiming that AT&T’s offer of a "free" phone to anyone who signed up for its service was fraudulent to the extent AT&T charged the new subscriber sales tax on the retail value of each "free" phone, the Ninth Circuit affirmed the denial of the telephone company’s motion to compel arbitration on the ground that the arbitration clause contains an unconscionable class action waiver