Month: January 2022

Arbitration, Nonsignatories, Equitable Estoppel: Ninth Circuit Holds Nonsignatory BMW Could Not Enforce Dealer’s Arbitration Agreement With Customer

January 18, 2022 · Arbitration: Equitable Estoppel, Arbitration: Nonsignatories

Nonsignatories Can Sometimes Enforce An Arbitration Agreement Based On A Third-Party Beneficiary Or Equitable Estoppel Theory – But Such Was Not The Case Here. After Kim Ngo purchased a BMW that Ngo alleged was a lemon, BMW sought to enforce an arbitration agreement between the Dealer and Ngo, to which BMW was not a […]

Arbitration, Unconscionability, Existence Of Agreement, Internet Commerce: Three Recent Cases Affirm Orders Denying Motions To Compel Arbitration

January 13, 2022 · Arbitration: Consumers, Arbitration: Employment, Arbitration: Existence of Agreement, Arbitration: Internet Commerce, Arbitration: Nonsignatories

Three Recent Cases Affirm Orders Denying Motions To Compel Arbitration. Anthony De Leon v. Pinnacle Property Management Services, LLC et al., No. 059801 (4/3 Dec. 8, 2021) — Unconscionability. Superior Court Judge Marks, sitting by assignment, authors the opinion, agreeing with the trial judge's denial of a motion to compel arbitration, on the grounds […]

Employment, Legislation, FAA Preemption: Can California Protect Employees From Mandatory Pre-Dispute Arbitration Agreements And Avoid Federal Preemption?

January 10, 2022 · Arbitration: Employment, Arbitration: Federal Arbitration Act, Legislation

Paul Dubow And Marc Alexander Have Published An Article About FAA Preemption And California's AB 51. The article, entitled Can California Protect Employees From Entering Into Mandatory Pre-Dispute Arbitration Agreements?, appears in California Litigation, Vol. 34, No. 3 (2021). Paul Dubow is a seasoned mediator and arbitrator in the Bay Area, and Marc Alexander […]

Pending Case, PAGA, FAA: Viking Cruises, Inc. v. Moriana Is A Case To Watch

January 7, 2022 · Arbitration: Federal Arbitration Act, Arbitration: PAGA, Pending Cases

The United States Supreme Court Granted Cert On December 15, 2022. The issue: "Whether the Federal Arbitration Act requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under the California Private Attorneys General Act." Readers of this blog will know that California courts have repeatedly ruled, […]

Arbitration, Existence Of Agreement, Delegation: Ninth Circuit Holds Formation Of Arbitration Agreement Is To Be Decided By Court, Not Arbitrator

January 3, 2022 · Arbitration: Delegation, Arbitration: Existence of Agreement, Arbitration: Gateway Issues

Failure To Communicate . . . Cool Hand Luke. "What we've got here is failure to communicate." Reversing the district court's order to compel arbitration, the Ninth Circuit holds that the issue of formation of the contract to arbitrate should have been decided by the court, despite delegation of issues of validity and […]

A Happy, Healthy, Productive New Year To All Our Readers!

January 1, 2022 · Miscellaneous

A Happy New Year To All Our Readers ! Puck's Magazine. December 28, 1910. Library of Congress. Summary by Library of Congress: Illustration shows Father Time ringing bells proclaiming "The Greatest Good for the Greatest Number", while a crowd in the street celebrates the New Year by using noisemakers, horns, drums, and cymbals to sound […]