Archives for February 2008
LaRue v. DeWolff, Boberg & Assoc., Inc., et al
In LaRue v. DeWolff, Boberg & Assoc., Inc., et al, 552 U.S. ____ (2008) (slip op. 06-856)(Feb. 20, 2008), the United States Supreme Court, deciding a case under ERISA, held “that although Section 502(a)(2) does not provide a remedy for individual injuries distinct from plan injuries, that provision does authorize recovery for fiduciary breaches that impair [...]
4th Circuit Decision That Arbitration Clause Fails for Want of Consideration Must Be Read in Conjunction with New Supreme Court Decision
In an unpublished per curiam opinion, Howard v. King’s Crossing, Inc., et al (06-1969)(February 19, 2008), the Fourth Circuit held that an arbitration clause could not be upheld because there was a lack of consideration. Applying Maryland law, the Court noted that Howard promised, in the arbitration clause, to arbitrate claims against Defendants and that [...]
NC Supreme Court Holds Arbitration Clause in Loan Agreement Unconscionable
The North Carolina Supreme Court in Tillman, et al v. Commercial Credit Loans, Inc., et al , (No. 360A06)(filed January 25, 2008) held that “the trial court did not err in concluding as a matter of law” that a loan agreement arbitration clause was unconsionable. The loan agreements included an arbitration clause that defendants drafted, [...]
