These questions have proven to be a formidable foe for the judiciary. Moreover, courts and commentators have been divided as to what answer will produce the best policy. In 2002, the discussion seemed to be headed toward conclusion after the Fifth and Eleventh Circuits found that the FAA should trump the MMWA in the event of statutory conflict. However, with the Ninth Circuit’s decision in Kolev v. Euromotors West/The Auto Gallery, this polarizing issue has once again become a focus in American jurisprudence. While the Ninth Circuit has recently withdrawn Kolev sua sponte, it is doubtful that the Ninth Circuit is abandoning the issue as it has delayed subsequent submissions of Kolev until the California Supreme Court delivers its decision in Sanchez v. Valencia Holding Co., LLC. Thus, an understanding of Kolev is vital to grasping both the current and future landscape of MMWA arbitrability. This paper asserts that not only is Kolev’s legal reasoning inaccurate, but its policy manifestations would have been flawed as well.
FAA versus the Magnuson - Moss Warranty Act: Which Warrants Precedence, The,
2012 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2012/iss2/10