In the age of online retail and grocery shopping, many people still join warehouse clubs for additional savings. As part of their warehouse memberships, customers may agree to certain terms, including their willingness to arbitrate and forego filing a lawsuit when a dispute arises.
In Century Plastics, LLC v Frimo, Inc, unpublished opinion of the Michigan Court of Appeals, issued Jan. 30 (Docket No. 347535), 2020 WL 504977, the appellate court affirmed the circuit court’s granting of summary disposition for the defendant on the basis that the parties had an agreement to arbitrate.
“Defendant having incorporated the General Terms into the parties’ contract, under the unambiguous language of this provision, defendant had the power to compel arbitration of disputes arising under the contract. Plaintiff assented to the terms of the price quotation, and it did not raise any concerns” as to the applicability of the General Terms.
In light of this decision, warehouse clubs should review their terms and conditions and consider whether to remove a lawsuit from an unfavorable, plaintiff-friendly venue and place it into arbitration, where the fact-finder arbitrator may be more well-informed as to the law and can then apply that knowledge to the facts of whatever dispute arises between the parties.
As Benjamin Franklin said, “When will mankind be convinced and agree to settle their difficulties by arbitration?” With more and more stories of runaway juries, that time may be now.
Add a comment
Subscribe
RSSTopics
- Premises Liability
- Contractor Liability
- Civil Litigation
- Construction Contractors
- Construction Law
- Property Liability
- Contracts
- Litigation Discovery
- Insurance
- Appellate Law
- Residential Liability
- Fire Claims
- General Liability
- Traumatic Brain Injury
- Motor Vehicle Liability
- Commercial Liability
- Retail Liability
- Water Loss Claims
- insurance policy
- Fraud Activity
- Investigations
- Governmental Immunity
- Commercial Real Estate
- Open & Obvious Doctrine
- Snow & Ice Claims
- Marine Liability
- Maritime Law
- Artificial Intelligence
- Design Defect
- Lost Earnings
- Industrial Liability
- Video Recording
- Defamation
- Open & Obvious
- Risk Management
- Liquor Liability
- Business Risk Management
- Professional Liability
- Negligence
- Independent Medical Examinations (IME)
- Sports-liability
- Alternative Dispute Resolution (ADR)
- Auto Liability
- Bankruptcy
- Intoxication
- Judicial Estoppel
- No Fault Liability
- Trucking Liability
- Wrongful Death
- Real Estate
- FDA Regulations
- Food Law
- Foodservice & Hospitality
- Regulatory Law
- Constructive Notice
Recent Updates
- Appellate Court Faults Construction Company for Halting Work for Nonpayment in Breach of Agreed Upon Contract
- New Scope of Ohio Home Construction Suppliers Services Act Takes Effect
- The Skeptical Brain Injury – How Do You Prepare to Defend it?
- Post-Open and Obvious: What Property Owners Can Do to Protect Themselves
- Lessons in Civil Procedure and Civility from a Surprising Source: Barbie
- ‘Open and Obvious’ Falls, Restoring Focus on ‘Notice’ Defense in Michigan Premises Liability Cases
- Insurance Provider’s ‘Satisfaction’ Maketh the Proof of Loss
- The High Seas and High Risks of Lithium Batteries
- Uniform Trade Practices Act Requires Timely Payment of Property Claims
- Michigan Supreme Court Eliminates 'Open and Obvious' Defense in Premises Liability Cases