Month: August 2021

Arbitration, FAA, Waiver: Ninth Circuit Holds In-State Trucker Delivering Goods That Once Crossed State Lines Is Exempt From Federal Arbitration Act

August 23, 2021 · Arbitration: Federal Arbitration Act, Arbitration: Waiver

Delivery Truck Driver Had To Arbitrate Anyway. Section 1 of the FAA exempts from the Act’s coverage all “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” In Romero v. Watkins and Shepard Trucking, No. 20-55768 (9th Cir. 8/19/21) (Fisher, Watford, Bumatay), the court […]

Arbitration, Employment, Choice Of Law, FAA: Second Dist., Div. 7 Holds Choice Of California Law Incorporates Substantive Law But Not Procedural Limitations On Arbitration In Contract Governed By FAA

August 22, 2021 · Arbitration: Choice of Law, Arbitration: Employment, Arbitration: Federal Arbitration Act

Parties Could Have Specifically Incorporated Arbitration Limitations In California Labor Code Instead Of Generally Choosing California Law — In Theory. California Labor Code §229 provides, in part, that actions to collect due and unpaid wages may be maintained without regard to the existence of any private agreement to arbitrate. And parties to an employment […]

Arbitrability, Delegation, Enforceability, Jurisdiction, Unconscionability: A Trifecta of Ninth Circuit Published Opinions

August 14, 2021 · Arbitration: Arbitrability, Arbitration: Delegation, Arbitration: Enforceability, Arbitration: Jurisdiction, Arbitration: Unconscionability

August 12, 2021 Was A Day Rich In 9th Circuit Arbitration Decisions. Santiago Lim v. TForce Logistics, LLC, No. 20-55564 (9th Cir. 8/12/21) (Smith, Owens, Robreno). This case is about the gateway decision of arbitrability, delegation of that decision, and unconscionability. The panel holds that the delegation and arbitration clauses are procedurally and substantively […]

Arbitration, FAA, Employment: Ninth Circuit Agrees Uber Workers Are Subject To Mandatory Arbitration

August 5, 2021 · Arbitration: Employment, Arbitration: Federal Arbitration Act

Uber Workers Are Not Engaged In Interstate Commerce Says The Court. Can Uber compel mandatory arbitration of disputes with its drivers? To answer this question, the Ninth Circuit in Capriole v. Uber Technologies, No. 20-16030 (9th Cir. 8/2/21) (Wardlaw, Nguyen, Eaton) had to confront whether Uber drivers are exempt from Federal Arbitration Act requirements […]