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Rossi Lawsuit Against Charlie Sheen Headed to Arbitration

Posted on 15 March, 2016 at 0:55 Comments comments (881)

According to the Hollywood Reporter, Brett Rossi's lawsuit against Charlie Sheen is heading to arbitration. Rossi is "suing Sheen for assault, battery and intentional infliction of emotional distress stemming from the actor's admission of an HIV diagnosis." The case is heading to arbitration to determine whether the case can be heard in court or whether it is subject to a mandatory arbitration provision contained in a non-disclosure agreement signed by Rossi in 2013 where she agreed to keep all interactions confidential. 


Written by: Alexandra Siskopoulos, Esq.

Telephone: (646) 942-1798

Email: [email protected]


 

Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Arbitration Agreement Located in Hyperlink Deemed Enforceable

Posted on 24 July, 2015 at 14:45 Comments comments (1174)

The United States District Court for the Southern District of New York has held that a plaintiff is bound by an arbitration agreement even when the agreement is solely located in a website hyperlink.


In Whitt v. Prosper Funding LLC et al., the defendant argued that the case should be dismissed as the plaintiff had agreed to arbitration by accepting the terms found in their website. Namely, defendants contended that their website provided as follows: “Clicking the box below constitutes your acceptance of .. . the borrower registration agreement.” The Court noted that "the term 'borrower registration agreement' was conspicuously rendered as a hyperlink to the Agreement itself." The plaintiff contended that "he was not even constructively aware of the terms of the Agreement because those terms were viewable only by following a hyperlink."


Citing precedent, the Court found that the case should be dismissed as the plaintiff agreed to be bound to arbitraion.


 

Written by:   Alexandra Siskopoulos, Esq.

Telephone:   (646) 942-1798

Email:           [email protected]


 

Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Senators Take Stance on Forced Arbitration Agreements

Posted on 26 May, 2015 at 18:30 Comments comments (490)

In a push to end mandatory arbitration agreements in consumer financial service contracts, senators and consumer advocate groups are urging the Consumer Financial Protection Bureau to create rules against forced arbitration agreements. According to the Consumerist and the Hill, the lawmakers are asking the Consumer Financial Protection Bureau to use its authority to issue rules prohibiting mandatory arbitration clauses in financial agreements.


The lawmakers argue that the clauses impact millions of consumers as these arbitration clauses are found in "credit card, checking account, student loan, and wireless phone contracts." These mandatory arbitration clauses are often hidden in consumer contracts forcing the individual into mandatory arbitration, and depriving them of the opportunity to have their action heard in a court of law.


 

Written by:   Alexandra Siskopoulos, Esq.

Telephone:   (646) 942-1798

Email:           [email protected]


 

Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Arbitration - Do's and Don'ts

Posted on 4 May, 2015 at 17:25 Comments comments (963)

Arbitration is very much like litigation - without all the formalities of civil litigation. That is, you do not have to appear in court before a judge and motion practice is very much limited. Due to the less formal nature of arbitration, many attorneys do not treat arbitration with the same intensity as they treat formal litigation. This is a major mistake committed by many attorneys handling an arbitration matter.


An experienced arbitration attorney understand the necessity of filing critical motions when the opportunity arises and when it would successfully aid in the arbitration matter. Arbitration attorneys, if required, know how to secure vital witnesses to testify at the arbitration hearing. Moreover, attorneys experienced in arbitration proceedings know that having conferences with the client in preparation for the arbitration hearing is of vital importance.


Unfortunately, many attorneys take on an arbitration case and then "wing it" because it lacks the formalities of litigation. Needless to say, this is a bad practice. Your arbitration attorney should aggressively pursue your arbitration case during all phases of this litigation. 

 

Written by:   Alexandra Siskopoulos, Esq.

Telephone:   (646) 942-1798

Email:           [email protected]


To speak with an arbitration attorney at Siskopoulos Law Firm, LLP, contact us at either (646) 942-1798 or (617) 959-1628.


Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.