Timeline for consumer demand for arbitration with AAA: what are the first steps when fee paid by business?
Current License: CC BY-SA 4.0
7 events
| when toggle format | what | by | license | comment | |
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| Aug 30, 2018 at 19:08 | comment | added | Iñaki Viggers | @Matifou You're welcome. By "purely evidentiary" I mean that item (3) of FRCP 11(b) considers (and thus, the arbitrator would consider) the evidence that was obtained or which --realistically speaking-- could have been obtained. Uber might opt to pursue recovery of the filing fee by arguing that there was no way the complainant could ever have obtained any evidence to support his or her allegations/claims. To me it seems unlikely that Uber would pursue that recovery, but I don't know Uber's actual practices in this regard. | |
| Aug 30, 2018 at 17:33 | comment | added | Matifou | great, thanks again! Excuse my weak knowledge, but I am not to understand sure what you mean by purely evidentiary? Thanks so much! | |
| Aug 29, 2018 at 18:49 | comment | added | Iñaki Viggers | @Matifou "My understanding is that the fee will be reimbursed in any case, even if the filer looses the case" That is most likely accurate, and it is a good point. But notice how the Uber webpage cites FRCP 11(b) in that clause. Although Uber refers only to when the "Demand for Arbitration was frivolous or was brought for an improper purpose" (thereby comprising items (1) and (2) of FRCP 11(b)), it makes me wonder whether Uber would pursue recovery of filing fees pursuant to FRCP 11(b)(3), an item which is purely evidentiary. | |
| Aug 29, 2018 at 17:29 | comment | added | Matifou | great answer, thanks a lot! The only point that is not clear is that you mention that the filing fee is "reimbursed if the consumer prevails". My understanding is that the fee will be reimbursed in any case, even if the filer looses the case (Uber will pay all such fees)? Thanks! | |
| Aug 29, 2018 at 17:26 | vote | accept | Matifou | ||
| Aug 29, 2018 at 11:12 | history | edited | Iñaki Viggers | CC BY-SA 4.0 |
added 45 characters in body
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| Aug 29, 2018 at 11:05 | history | answered | Iñaki Viggers | CC BY-SA 4.0 |