Goetsch v. Shell Oil Co.

[David A. Szwak]

Credit card holder challenged bank's billing policies. On defendant's motion to compel arbitration, the District Court, Thornburg, J., held that: (1) holder, who continued to use card after notice was sent changing agreement's arbitration clause so as to prohibit arbitration as class action, was precluded from seeking class action arbitration, and (2) in any event, holder was not adequate class representative. Motion granted.

Goetsch v. Shell Oil Co., 197 F.R.D. 574, W.D.N.C., Nov 28, 2000.