Bandler v. Charter One Bank

In July 2003, Michael Bandler and Michael Bandler & Company, Inc., (collectively “Bandler”) sued Charter One for various claims based primarily on Charter One’s alleged failure to honor advertising promises and other representations in connection with Bandler’s checking account at Charter One. Charter One moved to dismiss the case on the ground that Bandler had failed to exhaust his contractual remedy of arbitration before the American Arbitration Association (AAA) as required by Bandler’s depositor agreements with Charter One.  The trial court granted Charter One’s motion to dismiss and indicated that the parties should arbitrate Bandler’s claims as agreed by contract.  The trial court issued a final judgment in favor of Charter One in November 2003, and subsequently denied Bandler’s post-judgment motions for relief. In November 2004, Bandler made a demand to Charter One to arbitrate under the arbitration clauses in his depositor agreement with Charter One, thereby initiating an arbitration proceeding before the AAA.  Bandler’s initial arbitration demand did not include any class-based claims. The issue before the Supreme Court was whether the superior court had authority to review questions regarding arbitrability in the midst of an arbitration, and outside of the specific review provisions in the Vermont Arbitration Act (VAA). Upon review, the Supreme Court concluded that it did not, and reversed the superior court’s ruling concerning the arbitrability of class claims in this case. View "Bandler v. Charter One Bank " on Justia Law