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<xTITLE>Arbitrating Tesla</xTITLE>

Arbitrating Tesla

by Amy Schmitz
November 2020 Amy Schmitz

The Ninth Circuit Court of Appeals has dashed a Tesla owner’s plea to avoid arbitration regarding a battery dispute. Prior, a trial court ruled that Tesla Inc. can compel several used-car buyers to individually arbitrate claims that it overstates the battery life of some pre-owned electric vehicles wasn’t a final. The owners tried to appeal this but the Ninth Circuit ruled that this was not an appealable order. "The appeals court, therefore, lacks jurisdiction, the panel said."

For more, see Martina Barash, Tesla Owners’ Bid to Avoid Arbitration in Battery Dispute Fails, Bloomberg (Nov. 20, 2020), https://news.bloomberglaw.com/us-law-week/tesla-owners-bid-to-avoid-arbitration-in-battery-dispute-fails (last visited November 24, 2020).

 

Biography


Professor Amy Schmitz joined the University of Missouri School of Law and the Center for Dispute Resolution as the Elwood L. Thomas Missouri Endowed Professor of Law in 2016. Previously she was a Professor at the University of Colorado School of Law for over 16 years. Prior to teaching, Professor Schmitz practiced law with large law firms in Seattle and Minneapolis, and served as a law clerk for the U. S. Court of Appeals for the 8th Circuit.  Professor Schmitz teaches courses in Contracts, Lawyering, Online Dispute Resolution (ODR), AI, Data Analytics and the Law, Arbitration, International Arbitration, and Consumer Law. She has been heavily involved in ODR teaching and research for a long time and is a Fellow of the National Center for Technology and Dispute Resolution, as well as the Co-Chair of the ABA Technology Committee of the Dispute Resolution Section and the ODR Task Force.  She serves on the Association of American Law Schools Executive Committee on Commercial and Consumer Law, was an External Scientific Fellow of the Max Planck Institute Luxembourg, and is a researcher with the ACT Project exploring AI and ODR. Professor Schmitz has published over 50 articles in law journals and books, and a book, The New Handshake: Online Dispute Resolution and the Future of Consumer Protection, with Colin Rule.



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