Non-Mutual Offensive Collateral Estoppel Could Not Be Applied By Plaintiffs to Void Arbitration Agreements

Is the Ninth Circuit Ruling Fair? Nurses sued Aya Healthcare for wage violations. Each nurse had signed an individual arbitration agreement. Four disputes went to separate arbitrations; two arbitrators upheld the agreements, two struck them down as unconscionable. The district court applied non-mutual offensive collateral estoppel — using the two invalidating awards to void 255 […]