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With one judge dissenting, a Third Circuit Court of Appeals panel has determined that a sales agreement provision requiring the arbitration of product-related disputes in a specific forum was ambiguous and thus not integral to the agreement; accordingly, the court found that the unavailability of the arbitral forum could be remedied under the Federal Arbitration Act with the court appointment of an arbitrator
The U.S. Supreme Court has heard oral argument this term in two cases with a potential impact on product liability law: Williamson v. Mazda Motor of Am., Inc., No. 08-1314 (U.S., argued November 3, 2010), and AT&T Mobility LLC. v. Concepcion, No. 09-893 (U.S., argued November 9, 2010
In an unusual cross-jurisdictional cooperative undertaking, a Georgia state court judge has reportedly participated in mediation settlements that resolved the claims of more than 200 plaintiffs who filed suit in federal district court, alleging injury from liquid vitamin supplements
A federal court in New Jersey has determined that the arbitrator specified in the "Terms and Conditions of Sale" applicable to the purchase of a laptop computer was integral to the agreement and its unavailability precluded arbitration of a dispute between the parties to the agreement
