Judge Slams Fitbit, MoFo Attys For Arbitration Runaround
Law360 (July 25, 2018, 9:57 PM EDT) -- A California federal judge sanctioned Fitbit Inc. and its Morrison & Foerster LLP attorneys on Wednesday for acting in bad faith, saying they owe attorneys' fees after getting a proposed consumer class action removed to arbitration only to reveal they had no intention of arbitrating the claims.
Fitbit had already gotten an earful from U.S. District Judge James Donato at a May hearing for “gamesmanship” after the company used an arbitration agreement to trim claims over its allegedly inaccurate heart-rate tracking device, then terminated the arbitration proceedings by claiming the named plaintiff wasn’t a “rational litigant” because she declined its settlement...
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