Arthur Chassen v. Fidelity National Financial Inc

Last year the U.S. Supreme Court decided that the Federal Arbitration Act preempted a California law regarding the unconscionability of arbitration waivers. Until that point, a class action suit against several title insurers alleging their settlement agents violated individual closing protection letters did not address the letters’ arbitration clause. Once the decision was rendered, however, the title insurers indicated their intent to arbitrate and asked the U.S. District Court for the District of New Jersey to compel arbitration.