Badie v. Bank of America

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that enforcing an arbitration agreement against the plaintiffs would “amount to waiver of their constitutionally based right to a jury trial”
• noting that contracts between BOA and credit card holders were “undisputed[ly] . . . contracts of adhesion”
• finding that credit issuer cannot impose binding arbitration on its cardholders through \bill stuffer\ stating that continued use of card constitutes acceptance
• applying California law to ambiguous “change of terms” clause and noting that “the parties did not intend that the change of terms provision should permit the Bank to add new contract terms that differ in kind from the terms and conditions included in the original agreements”
• wherein the court denied defendant’s motion to compel arbitration because “[n]one of the agreements admitted into evidence contained any provision regarding the method or forum for resolving disputes”
• wherein the court denied defendant’s motion to compel arbitration because “[n]one of the agreements admitted into evidence contained any provision regarding the method or forum for resolving disputes”

Source: CourtListener parenthetical corpus (CC0).