Wednesday, July 6, 2011
Tom Scott Declares Impasse in Checking Overdraft Suit Against Chase Bank.
As the prospect of the application of the Supreme Court's Concepcion decision on arbitration clauses hangs over their heads, the plaintiffs and JP Morgan Chase Bank are unable to settle their claims before mediator and former federal judge™ Tom Scott, who has declared an impasse.
You can read the plaintiffs' response to the arbitration motion here.
The response centers largely on waiver and all the litigation conduct undertaken by Chase over the last two years, and seeks to distinguish the arbitration provision at issue in Concepcion from the one utilized by Chase here.
Judge King has already interrupted merits discovery but has authorized limited arbitration-related discovery against co-defendant US Bank.