DAVIS v. SOUTHERN ENERGY HOMES, INC.

No. 01-13831.

305 F.3d 1268 (2002)

Michael Shane DAVIS, Heather N. Davis, Plaintiffs-Appellees, v. SOUTHERN ENERGY HOMES, INC., a corporation, Defendant-Appellant, Bilo Homes, Inc., a corporation, David L. Smitherman, Defendants.

United States Court of Appeals, Eleventh Circuit.

September 19, 2002.


Attorney(s) appearing for the Case

W. Scott Simpson, Birmingham, AL, James C. Pennington, Amy Elizabeth Glenos, Ogletree, Deakins, Nash Smoak & Stewart, P.C., Birmingham, AL, for Defendant-Appellant.

G. Houston Howard, II, Howard, Dunn, Howard & Howard, Wetumpka, AL, for Plaintiffs-Appellees.

Before ANDERSON and DUBINA, Circuit Judges, and MILLS, District Judge.


DUBINA, Circuit Judge:

The important question presented in this appeal is whether the Magnuson-Moss Warranty Act permits or prohibits the enforcement of pre-dispute binding arbitration clauses within written warranties. We hold that the Magnuson-Moss Warranty Act permits binding arbitration and that a written warranty claim arising under the Magnuson-Moss Warranty Act may be subject to a valid pre-dispute binding arbitration agreement.

I. BACKGROUND

...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases