17
Mar

Agreements of all stripes contain “representations and warranties” – statements of fact one party “represents,” “warrants,” or (confusingly) “represents and warrants” to be true. Such statements are so common that one would be excused from thinking that these contractual terms are simply different ways of saying the same thing – as lawyers are fond of saying, a distinction without difference. Although representations and warranties share attributes (the affirmation that certain facts are true), the legal consequence for breach can be ...

09
Oct

A waiver of the right to bring a class action is enforceable as part of an arbitration agreement, and a state law rule to the contrary is preempted by the Federal Arbitration Act, 9 U.S.C. §1, et seq.[1] The FAA does not, however, preclude a rule barring contractual waiver of a representative action that does not use a class procedure, according to a recent decision by the Ninth Circuit, Sakkab v. Luxottica Retail North America, Inc.[2] In ...