Category: Arbitration: Federal Arbitration Act

Arbitration, Appealability, And The FAA: Ninth Circuit Denies Petition For Writ Of Mandamus And An Appeal In Companion Cases In Which Defendants Sought To Compel Arbitration In Labor Law Case

August 2, 2016 · Arbitration: Appealability, Arbitration: Federal Arbitration Act, Arbitration: Jurisdiction

In Re Swift Transportation, No. 15-70592 (9th Cir. 7/26/16): No To Mandamus. In a prior appeal, the 9th Circuit held that the district court, rather than the arbitrator, must decide whether the dispute was exempt from arbitration under 9 U.S.C., section 1. That section of the Federal Arbitration Act provides that the FAA does […]

Arbitration Gateway And Delegation Issues: In A 4-3 Decision, California Supreme Court Rules That Deciding Whether Arbitration Agreement Permits Classwide Arbitration Is The Arbitrator’s Decision To Make

July 28, 2016 · Arbitration: Class, Arbitration: Delegation, Arbitration: Federal Arbitration Act, Arbitration: Gateway Issues

Dissent Argues That Classwide Arbitrability Is A Gateway Question The Court Should Get To Decide. The courts have treated gateway arbitrability issues concerning the existence of an arbitration agreement and the scope of the agreement as “gateway” issues for the courts to decide, whereas so-called procedural issues are to be resolved by the arbitrator. […]

Arbitration, Medical Malpractice, FAA: Federal Arbitration Act Preempts California’s Statutory 30-Day Rescission Provision Applying To Arbitration Of Medical Malpractice Disputes

June 23, 2016 · Arbitration: Federal Arbitration Act, Arbitration: Section 1295 (Medical Malpractice)

For Preemption Purposes, “Involving Commerce” In The FAA Is Broader Than “In Commerce”, Making It Easy To Find Preemption. Physicians don’t like to defend medical malpractice cases in front of juries, and Scott v. Yoho, B265641 (2/5 6/22/16) (Turner, Kriegler, Kumar) will make it easier for them to arbitrate malpractice cases and avoid juries […]

Arbitration, Fees, Stay, FAA: Ninth Circuit Holds That Arbitration Terminated For Party’s Inability To Pay Fees, Had Nevertheless Been Had, So District Court Should Lift Stay On Litigation

June 15, 2016 · Arbitration: Federal Arbitration Act, Arbitration: Fees, Arbitration: Stay

What Does It Mean For An Arbitration To “Have Been Had In Accordance With The Terms Of The Agreement” When A Party Is Unable To Pay Arbitration Fees? We revisit a recurring problem that occurs in arbitration. In federal court, a party successfully moves to compel arbitration under the FAA, and the court stays […]

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, Class, FAA Preemption: Professor Ronald Mann Provides Analysis Of SCOTUS Ruling In DirectTV v. Imburgia

December 15, 2015 · Arbitration: Class, Arbitration: Federal Arbitration Act

His Opinion Analysis Is Titled, “Justices rebuke California courts (again) for refusal to enforce arbitration agreement” — And That About Says It All. On December 14, 2015, the United States Supreme Court decided DirecTV v. Imburgia, The SCOTUS syllabus states the holding: “Because the California Court of Appeal’s interpretation is pre-empted by the Federal […]

Arbitration, Employment, FAA, Burden Of Proof: Berman Hearings Are Short-Circuited By Enforceable Arbitration Provision

November 5, 2015 · Arbitration: Burden of Proof, Arbitration: Employment, Arbitration: Federal Arbitration Act

Keep On Truckin’ . . . In Arbitration. We have posted before about the “Berman hearing”, named after Congressman Howard Berman, and providing workers with a procedure intended to provide “a speedy, informal, and affordable method of resolving wage claims” with the California Labor Commissioner. Under California law, it cannot be waived. However, if […]

Automobiles, Waiver, FAA, Class: Federal Arbitration Act Preempts Application Of Consumers Legal Remedies Act

August 20, 2015 · Arbitration: Automobiles, Arbitration: Class, Arbitration: Federal Arbitration Act, Arbitration: Waiver

Court Distinguishes Imburgia v. DIRECTV, Inc., Case Pending Before SCOTUS. Automobile purchases and leases have generated quite a few disputes about the enforcement of arbitration clauses. Exhibit 1: The Sanchez case decided by the California Supreme Court on August 3, about which I posted on August 4, 2015. We have a sidebar category for […]

Arbitration, Public Policy, Preemption: California Supreme Court Will Consider Whether Federal Arbitration Act Preempts California Rule That Statutory Claims For Public Injunctive Relief Are Not Subject To Compulsory Private Arbitration.

April 5, 2015 · Arbitration: Federal Arbitration Act, Arbitration: Public Policy

Fourth District, Division Three Ruled Earlier In Citibank v. McGill That “Broughton-Cruz” Rule Fell Prey To Federal Arbitration Act Preemption. Fallen Prey. Circa 1934-39. Library of Congress. Under California’s “Broughton-Cruz” rule, arbitration provisions are unenforceable as against public policy if they require arbitration of Unfair Competition Law, False Advertising Law, or Consumer Legal Remedies […]

Federal Arbitration Act Preemption/Burden Of Proof/Employment: Employer Failing To Sustain Burden Of Showing FAA Preemption Fails To Enforce Arbitration Agreement

November 21, 2014 · Arbitration: Burden of Proof, Arbitration: Employment, Arbitration: Federal Arbitration Act

Labor Code Section 229 Expressly Provides Wage Claims Were Not Subject To Arbitration. When state law provides a statutory exemption from arbitration, it’s not enough to assert Federal Arbitration Act preemption: “A party seeking to enforce an arbitration agreement has the burden of showing FAA preemption.” Lane v. Francis Capital Management LLC, 224 Cal.App.4th […]