We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Fitbit’s Arbitration ‘Gamesmanship’ Could End In Contempt

Law360, San Francisco (May 31, 2018, 10:33 PM EDT) -- A California federal judge said Thursday he may find Fitbit in civil contempt for its “gamesmanship” after the company used an arbitration agreement to trim a class action over its heart-rate tracking device, then terminated the arbitration proceedings claiming the named plaintiff wasn’t a “rational litigant” because she declined its settlement offer.

In October, U.S. District Judge James Donato found that under the company’s terms of service agreement, an arbitrator should decide whether 12 named plaintiffs’ claims — that Fitbit falsely advertised the heart-rate monitor function of its products — belong in court or should be arbitrated.

But during a hearing...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Related

Sections

Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only

Court

California Northern

Nature of Suit

Other Fraud

Judge

Subscribers Only

Date Filed

January 5, 2016

Law Firms

Companies

Judge Analytics