The Supreme Court Does Not Decide Whether The Ninth Circuit's Decision Was Correct, Only Whether The Decision Was For The Court To Make. The parties "had executed two contracts: the User Agreement, which sent disputes about arbitrability to arbitration, and the Official Rules, which appeared to send disputes to California courts." Coinbase, Inc. v. […]
Overruling A Ninth Circuit Decision (62 F.4th 1201 (2023). Though the plain language of the Federal Arbitration Act appeared to require a district court to stay a lawsuit pending arbitration rather than dismiss it, the Ninth Circuit ruled that case law allowed district courts to dismiss the lawsuit when all claims are subject to […]
Mediation. Generally, we have little to say on our ADR blog about mediation, because key issues, such as the scope of confidentiality, are settled law. But there is a noteworthy Senate Bill, SB 1141 which, when it passes through all legislative hoops, will impact mediation. Currently, the superior courts cannot order a matter to […]