Federal Real Property and Business Litigation Report
Volume IV, Issue 37
September 11, 2021
Harper v. Amazon.Com Services, Inc. Case No. 20-2614 (3rd Cir. 2021).
State law regarding arbitration may still apply even if federal law does not apply because of an exclusion under the Federal Arbitration Act.
Bash v. Textron Financial Corporation (In Re: Fair Finance Company), Case No. 20-3351 (6th Cir. 2021).
A party’s later—arguably bad-faith—actions do not undermine its earlier perfected security interest so that payments made in connection with that security interest are fraudulent transfers under Ohio law.
Sitzer v. National Association of Realtors, Case No. 20-1779 (8th Cir. 2021).
A court, and not the arbitrator, determines whether a party has waived to right to enforce arbitration by virtue of engaging in litigation.