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In Century Plastics, LLC v Frimo, Inc, unpublished opinion of the Michigan Court of Appeals, issued Jan. 30 (Docket No. 347535), 2020 WL 504977, the appellate court affirmed the circuit court’s granting of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
Topics
- Civil Litigation
- Premises Liability
- Product Liability
- Property Liability
- Retail Liability
- Negligence
- Litigation Discovery
- Insurance
- Residential Liability
- Fire Claims
- Appellate Law
- Contractor Liability
- Damages Recovery
- General Liability
- Construction Contractors
- Construction Law
- Motor Vehicle Liability
- Commercial Liability
- Water Loss Claims
- Commercial Real Estate
- Personal Injury
- insurance policy
- Snow & Ice Claims
- Open & Obvious Doctrine
- Fraud Activity
- Investigations
- Governmental Immunity
- Contracts
- Traumatic Brain Injury
- Risk Management
- Open & Obvious
- Marine Liability
- Maritime Law
- Artificial Intelligence
- Business Risk Management
- Liquor Liability
- Design Defect
- Lost Earnings
- Industrial Liability
- Defamation
- Video Recording
- Professional Liability
- 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
- Is Social Media the Next Frontier in Products Liability Defense?
- Spring Cleaning – Know Your Duties With Snow, Ice Liability
- What damages are recoverable in Michigan when property is negligently damaged or destroyed?
- Businesses can Bolster Lack of Notice Defense by Documenting Premises Inspections
- Avoiding the Premises Liability Trap of ‘Lost’ Evidence
- 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



