Ninth Circuit Case of Morris v. Ernst and Young Is One Of The Three Cases. On December 9, 2016, I linked my article on "The Politics of Arbitration" to this blog. In that article, I predicted, "Morris [v. Ernst and Young] could serve as a springboard for sending divergent opinions about the enforceability of arbitration […]
The Key: Close Reading Of Provision Providing For Arbitration If Reference Became “Legally Unavailable.” The short but interesting opinion in Freeman v. Froehlich Signature Homes, Inc., F073374 (5th Dist. 12/15/16) (Levy, Gomes, Kane) (unpublished), merits close reading, because it reads like a finely-worded exam question. In a construction defect lawsuit, the trial court […]
In The Fifth Circuit, D.R. Horton Inc. v. NLRB, 737 F.3d 344, Is Dispositive. In an unpublished opinion, Citigroup Technology, et al. v. NLRB, 15-60856 (5th Cir. 12/8/16) (per curiam), the Fifth Circuit grants Citigroup’s Petition for Review, and reverses the NLRB’s decision adverse to Citigroup, which seeks to enforce arbitration of an employee’s […]
Ninth Circuit Allows Equitable Tolling For Claim To Vacate Award Brought More Than Four Years After Entry Of Award. Fraud against Truth. Currier & Ives. 1872. Library of Congress. Yikes! In 2009, Move, Inc. lost a multi-million dollar securities claim before a three-member FINRA (Financial Industry Regulatory Authority) arbitration panel. In 2014, Move learned […]
Petitioner And Respondent Frame Issue Quite Differently. I wrote about Kindred Nursing Centers Limited Partnership v. Clark in an August 5, 2016 post, stating that the nursing company petitioning from the Kentucky Supreme Court to SCOTUS presented the issue thusly: ”Whether the FAA preempts a state-law contract rule that singles out arbitration by requiring […]
Is There A Meaningful Distinction Between Contract Enforcement And Contract Formation For Purposes Of FAA Preemption? Kate Howard’s October 26, 2016 post about “Petitions To Watch” in Scotusblog notes that an arbitration case, Tamko Building Products, Inc. v. Hobbs, No. 15-1318, is up for consideration at the conference of October 28, 2016. According […]
Substantive Rights Created By USERRA Are Not Lost By Arbitrating. On the one hand, on the other hand . . . On the one hand, there is a liberal federal policy favoring arbitration agreements. On the other hand, the Federal Arbitration Act’s arbitration mandate can be “overridden by a contrary congressional command.” Does […]
On August 23, 2016, I blogged that the issue in Morris v. Ernst & Young was clearly framed by the majority and minority opinions, and almost certainly headed for Supreme Court Review. In that Ninth Circuit case, the majority held that an employer violates sections 7 and 8 of the National Labor Relations […]
Judge Ikuta Dissents: “This decision is breathtaking in its scope and in its error . . . “ The issue decided in Morris v. Ernst & Young, No. 13-16599 (9th Cir. 8/22/16) is clearly framed by the majority and dissenting opinions, and almost certainly headed for Supreme Court review. In a majority opinion authored […]
Can Kentucky Require That Nursing Home Resident’s Power of Attorney Reference Arbitration In Order To Effectively Bind Attorneys-In-Fact To Arbitrate Wrongful Death Cases? – Or Does Federal Arbitration Act Preempt State Requirement? Above: Nurse training. Nov. 1942. Fritz Henle, photographer. Library of Congress. At the beginning of the week, we reported that SCOTUSBlog’s […]