Reynolds v Wyndham

Case Number: 4:2022-cv-00892

Last Updated: May 29, 2023

Status

Settled

Location

Presiding Judge

Judge Dawson

Date Filed

03/17/2022

Highlights

“Wyndham cannot mandate arbitration pursuant to the AAA, refuse to comply with AAA’s requirements, and then compel Plaintiffs to arbitrate pursuant to the rules it has cherry picked. … Wyndham’s waiver of arbitration is further supported by the unconscionability of the contract.”

Case Posture

Claims:

BOC for Arb/Rescission/Negligent Training & Supervision/Unfair Trade Practices

Posture:

Complaint and XC at issue; experts: Ps by 6/21/22, Ds by 7/21/22; MSJ by 10/19/22, Jury set for 1/17/23

Selected Events:

4/5/21 Order denying Wyn M2D/M2C Arb (in State Case No. 2020-CP-26-07441):
“Wyndham cannot mandate arbitration pursuant to the AAA, refuse to comply with AAA’s requirements, and then compel Plaintiffs to arbitrate pursuant to the rules it has cherry picked. … Wyndham’s waiver of arbitration is further supported by the unconscionability of the contract.” Re SOL: “Whether the Plaintiffs knew of their claims is a question of fact for the jury to determine.” Re Unfair Trade Practices: “There is no basis for [Wyndham’s] argument that [Wyndham] is somehow exempt from the UTPA for violating specific prohibitions of the Timeshare Act.”

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Docket link

Operative Complaint

Critical Orders

Critical Briefs

Transcripts

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Parties

Plaintiffs:
James and Judith Reynolds

Plaintiffs’ counsel:
L. Sidney Connor, IV
Kelaher Connell and Connor
Andrew Connor
Connor Law, PC

Defendants:
Wyndham

Defendants’ counsel:
Butler Snow, LLP (Melissa Spence, Joel Berly)