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San Pellegrino

Prohibition on joining claims

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Let's say a corporation has the following language in its arb clause:

Quote

CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANOTHER PERSON

Consumer files arb.  Business files an answer/denial stating that it seeks attorney fees/costs to defend claim that it believes is unwarranted.

1.  Does the business' request for attorney fees qualify as another claim?

2.  Does the arb clause preclude such a claim in the same arb where it would be "consolidated"?  i.e. would the counterclaim need to be raised in a new arb?

Thanks

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2 hours ago, San Pellegrino said:

1.  Does the business' request for attorney fees qualify as another claim?

No.

2 hours ago, San Pellegrino said:

2.  Does the arb clause preclude such a claim in the same arb where it would be "consolidated"?  i.e. would the counterclaim need to be raised in a new arb?

No.  The clause is meant to keep class action claims out of arbitration.

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