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Key Points - The court found that plaintiff’s reliance on an issue raised by third-party commenter to establish exhaustion was a risky endeavor; insofar as a third party settles. ....
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To embed, copy and paste the code into your website or blog: The Court Affirmed A Lower Court’s Enforcement Of The Arbitration Clause, Requiring The Consumers To Arbitrate Their Claims Against A Home Inspection Company, And Also Affirmed The Lower Court’s Refusal To Vacate The Arbitrator’s Decision Dismissing The Consumers’ Claims, Based On Clear Disclaimers In The Inspection Contract The case was a breach of contract, etc., case involving new homeowners against a home inspection company that was part of a national home inspection franchise company. The couple who bought the home that the company had inspected for them sued the company for not disclosing the possible presence of asbestos in the home, which the couple later discovered when they decided to remodel the kitchen and ripped out the ceiling. The company moved to dismiss on substantive grounds under Rule 12(b)(6), citing the multiple disclaimers in the inspection contract. Alternatively, the company moved ....