Category: Arbitration: Enforceability

Arbitration: Enforceability/Nonsignatories: Arbitration Provision In Internet Browsewrap Agreement Fails For Lack Of Conspicuousness

March 26, 2016 · Arbitration: Enforceability, Arbitration: Nonsignatories

Court Of Appeal Advises Online MerchantsTo Include Conspicuous Textual Notice With Terms Of Use. Consumers may be bound by arbitration provisions in internet “clickwrap” or “browsewrap” agreements – except when they are not – as was the case in Long v. Provide Commerce, Inc., B257910 (2/3 March 17, 2016) (Jones, J.). Internet contracts […]

Foreign Arbitration/Enforceability: Wake Up And Smell The Coffee: Ninth Circuit Holds Foreign Arbitration Foiled By Sham Agreement Concerning Coffee Franchise

March 20, 2016 · Arbitration: Construction of Agreement, Arbitration: Enforceability, Arbitration: Federal Arbitration Act, Arbitration: Foreign Arbitration, Arbitration: Gateway Issues

. . . In Which We Inaugurate A New Sidebar Category (Foreign Arbitration) And Petitioners Who Successfully Compelled Arbitration In District Court Lawsuit Concerning Coffee Franchise Dispute Get Roasted On Appeal. Our next case involves a dispute between an Italian corporation seeking to open a coffee franchise in the United States, and two entrepreneurs […]

Arbitration, Automobiles, Enforceability: Fraud In The Inception Means No Enforceable Arbitration Agreement

April 14, 2015 · Arbitration: Automobiles, Arbitration: Enforceability, Arbitration: Existence of Agreement

Automobile Trade-In Goes Sideways. Above: Old car and truck outside the “Vehicles-You-Deserve” Used Car Dealership in Mesquite, Texas. Photographer: Carol M. Highsmith. 2014. Library of Congress. At first glance, this seems like a fairly common scenario. A daughter trades in her father’s used car for a new one, and payments are not made […]

Arbitration: Deadlines, Waiver, Scope, Employment, Enforceability, FINRA, Arbitrability — An Assortment Of Recent (Unpublished) Arbitration Cases And Issues

March 31, 2015 · Arbitration: Deadlines, Arbitration: Employment, Arbitration: Enforceability, Arbitration: FINRA, Arbitration: Scope, Arbitration: Waiver

Deadlines: Lombard Knight v. Rainstorm Pictures, Inc., B253246 (2/1 March 25, 2015). In this case involving agreements to finance the production of motion pictures, Plaintiff sought to “confirm” a multi-million dollar arbitration award, while also asking to dismiss individuals, on the grounds that they had not been properly served, and jurisdiction over them […]

Arbitration, Employment, Enforceability, Unconscionability: Court of Appeal Rejects Employee’s Contentions She Never Entered Into Binding Arbitration Agreement

March 17, 2015 · Arbitration: Employment, Arbitration: Enforceability, Arbitration: Unconscionability

Also Rejected: Contentions The Agreement Was Unconscionable. The Court of Appeal affirmed the judgment against an employee, including rulings that her claims were subject to arbitration, in Serafin v. Balco Properties Ltd., LLC, Case No. A141358 (1/4 March 16, 2015) (Ruvolo, Reardon, Rivera). COMMENT: The Court’s analysis of appellant’s arguments gives a pretty […]

Arbitration, Enforceability: Arbitration Agreement Created Unilaterally And Applied Retroactively To Pending Claim Is Illusory

February 1, 2015 · Arbitration: Enforceability

Sometimes Unilateral Changes To Agreement Are Protected By Covenant of Good Faith And Fair Dealing – But Not Here. I have posted about employment cases in which the covenant of good faith and fair dealing allowed an employer to unilaterally change an arbitration provision without the contract being illusory, because the covenant reins […]

Employment: After Rehearing, Court Of Appeal Again Reverses Trial Court’s Order Denying Employer’s Motion To Compel Arbitration

January 21, 2015 · Arbitration: Employment, Arbitration: Enforceability

Same As Before – Only This Time A Third Judge Signs On To The Opinion I blogged about this very same case in a post on August 27, 2014. So I was puzzled at first as to why another published opinion was issued following rehearing on January 20, 2015. Cruise v. Kroger Co., B248430 […]

Arbitration/CCP 1281.2/Enforceability: Opponent’s Filing Of Lawsuit Constitutes Refusal To Arbitrate

December 17, 2014 · Arbitration: Enforceability, Arbitration: Section 1281.2

Fourth District, Division 3 Publishes To Distinguish Mansouri v. Superior Court. California Code of Civil Procedure, section 1281.2 requires that a party seeking to compel arbitration allege, “the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy.” The question in Hyundai Amco America, Inc. […]

Arbitration/Enforceability/Consumers: Reasonable Person Wouldn’t Understand Purchasing A Vehicle Would Simultaneously Bind To Contract With Satellite Radio Service And Require Arbitration

November 11, 2014 · Arbitration: Class, Arbitration: Consumers, Arbitration: Enforceability

Lack Of Consent Is The Problem With The Arbitration Agreement Here. In an opinion authored by Judge Pregerson, the Ninth Circuit reverses the district court’s order dismissing a putative class action and granting Sirius XM Radio Inc.’s motion to compel arbitration. Knutson v. Sirius XM Radio Inc., No. 12-56120 (9th Cir. Nov. 10, 2014) […]

Arbitration/Enforceability: Substantial Evidence Supporting Trial Court’s Determination Stroke Victim Lacked Capacity To Enter Into Arbitration Agreement

November 7, 2014 · Arbitration: Enforceability, Arbitration: Unconscionability

Consent To Contract Must Be Free, And An “Unsound Mind” Is Related To Concept Of Consent. In an unpublished opinion, the Court of Appeal has affirmed the trial court’s order denying a nursing facility’s petition to arbitrate, because the plaintiff lacked mental capacity to enter into the arbitration agreement. Rodriguez v. Windsor Care […]