Category: Arbitration: Class

Mass Arbitration: 9th Circuit Holds Mass Arbitration Approach Employed By Ticketmaster Is Unconscionable

November 21, 2024 · Arbitration: Class, Arbitration: Federal Arbitration Act, Arbitration: Unconscionability, Arbitration: Waiver

Mass Arbitration Model For Batching Together Claims With Common Legal Or Factual Issues Held To Be Unconscionable. The Ninth Circuit affirmed the district court's denial of Live Nation and Ticketmaster’s motion to compel arbitration in a Sherman Act antitrust class action. Skot Heckman et al. v. Live Nation Entertainment, Inc.; Ticketmaster, LLC, No. 23-55770 […]

Class: Ninth Circuit Finds Individual Bound To Arbitrate Is Not An Adequate Representative For Putative Class

December 26, 2023 · Arbitration: Class

The District Court Had Already Approved a Class Settlement Twice Over Objections. Lisa Kim, individually and on behalf of others, sued Tinder, alleging its pricing model was unfair. The district court approved the settlement — twice. Objectors, however, contended on appeal that Kim, bound by an arbitration clause to individually present her claims in […]

Arbitration, FAA: Federal Arbitration Act Applied To Intrastate Driver Who Worked For Paratransit Service For Persons With Disabilities

July 19, 2022 · Arbitration: Civil Rights, Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act

Federal Preemption Of California's Gentry Rule Means Class Action Waiver Can Be Enforced. David Evenskaas, a driver, filed a wage and hour lawsuit against his employer, California Transit, Inc., which operates paratransit services for persons with disabilities in West and Central Los Angeles. Evenskaas's employment agreement included a broad arbitration agreement with a class […]

Arbitration, Class, Waiver, FINRA: FINRA Rules Preventing Arbitration Of Class Actions Do Not Apply When There Is A Class Action Waiver

October 1, 2020 · Arbitration: Class, Arbitration: FINRA, Arbitration: Waiver

The Class Action Waiver Is Enforceable. When a financial advisor brought a putative class action against Credit Suisse for deferred compensation, Credit Suisse moved successfully to dismiss based on an arbitration requirement in its Employee Dispute Resolution Program. The financial advisor appealed, arguing that Financial Industry Regulatory Authority (FINRA) rule Rule 13204(a)(4) barred arbitration […]

Arbitration: On Issue Of First Impression, 9th Circuit Holds Arbitration Obligations Survived Contract Termination

September 12, 2020 · Arbitration: Arbitrability, Arbitration: Class, Arbitration: Enforceability, Arbitration: Equitable Estoppel, Arbitration: Federal Arbitration Act, Arbitration: Nonsignatories

Shivkov v Artex Risk Solutions Arises From Tax Shelter Gone Sideways . . . The numerous Plaintiffs in Shivkov, et al v. Artex Risk Solutions, Inc., et al, No. 19-16746 (9th Cir. 9/9/20) (Smith, Fisher, Hawkins), probably felt that the Artex Risk Solutions was a misnomer by the time they brought suit. Defendants allegedly […]

Arbitration, Class, Waiver, Construction: Third District Holds Plaintiff Only Waived Right To Bring Class Action Lawsuit, Not Class Arbitration

July 26, 2020 · Arbitration: Class, Arbitration: Construction of Agreement, Arbitration: Waiver

Court Of Appeal Reverses Order Denying Motion To Compel Arbitration Of Class Claim. In an employment dispute, the trial court denied plaintiff' Garner's ability to pursue class action claims in arbitration, relying on "language in the arbitration agreement stating that Garner waived his right to participate in class action lawsuits." Chris Garner v. […]

Arbitration, Class Actions, Waiver, Construction of Agreement: SCOTUS Rules That Class Arbitration Is Not Allowed When Agreement Is Ambiguous

April 25, 2019 · Arbitration: Class, Arbitration: Construction of Agreement, Arbitration: Federal Arbitration Act, Arbitration: Jurisdiction, Arbitration: Waiver

Majority Rejects State Law Rule That Ambiguous Contracts Are Interpreted Against The Drafter Because . . . Frank Varela, an employee of Petitioner Lamps Plus, Inc., sued Lamps Plus because a hacker tricked Varela's employer into disclosing tax information about 1,300 employees. Mr. Varela was understandably miffed after a fraudulent income tax return was […]

Arbitration: Three Unpublished Employment Opinions Side With Employers’ Positions

November 25, 2018 · Arbitration: Class, Arbitration: Costs, Arbitration: Enforceability, Arbitration: Nonsignatories, Arbitration: PAGA

Issues Covered Include Class Action, Unconscionability, Powers Of Arbitrator, Enforcement, Non-Signatories, PAGA, Severability, Costs. Martinez v. Ready Pac Produce, Inc., B279225 (2/3 11/20/18) (Lavin, Egerton, Dhanidina) (Unpublished): Waiver Of Class Action Meant Employee Could Not Participate In Pending Class Action. The Court of Appeal reverses order denying employer Read Pac's motion to compel […]

Arbitration, Class, Pending Cases: SCOTUS Case May Decide Whether Arbitration Clause Allowed For Class Arbitration

October 23, 2018 · Arbitration: Class, Pending Cases

The Case Is Lamps Plus Inc. v. Varela. Yesterday, I posted about three arbitration cases pending before the Supreme Court, one of which is Lamps Plus Inc. v. Varela. Charlotte Garden, Co-Associate Dean For Research and Faculty Development, and Associate Professor at the Seattle University School of Law, has drilled down with a preview of […]

Arbitration, Class Action: 9th Circuit Reverses District Court In Ongoing Litigation Brought By Uber Drivers

September 25, 2018 · Arbitration: Class

Consolidated Appeals Brought By Uber Overturn Pro-Driver Rulings Of District Court. O'Connor v. Uber, No. 16-5595, and related appeals (9th Cir. 9/25/18) (Clifton, Tallman, Ikuta) reverses the district court's denial of Uber's motions to compel arbitration, based on Mohamed v. Uber Technologies, Inc., 848 F. 3d 1201 (9th Cir. 2016). Mohamed, which we blogged […]