Category: Arbitration: Federal Arbitration Act

Arbitration/Collective Bargaining/Federal Arbitration Act: Court of Appeal Finds That Individual Arbitration Agreement Not Inconsistent With Collective Bargaining Agreement Is Enforceable

November 15, 2014 · Arbitration: Class, Arbitration: Collective Bargaining, Arbitration: Employment, Arbitration: Federal Arbitration Act

Where Federal Preemption Applies, The Employee’s Contract Cannot Deprive The Employee Of A Benefit – Such As The Right to File a Lawsuit Instead Of Arbitrating – If The Collective Bargaining Agreement Provides The Benefit. Denying employer’s motion to compel arbitration, and both parties’ sanction motions, the trial judge explained: “It’s clear to me […]

Arbitration/Preemption: Federal Arbitration Act Preempts Language, Font, Typeface Requirements In CCP 1298

November 4, 2014 · Arbitration: Federal Arbitration Act

California Code Of Civil Procedure Section 1298, Applying To Real Estate Purchase Agreements, Is Preempted By The FAA In Transactions Involving Interstate Commerce. Plaintiff Loeffler appealed from a judgment entered after the trial court confirmed an arbitration award in favor of plaintiff Shea Homes Limited Partnership. The award resulted in rescission of Loeffler’s purchase […]

Arbitration/Choice of Law/FAA/Employment/Unconscionability: Court of Appeal Concludes Plaintiff’s Wage Claims Are Encompassed By Parties’ Contractual Agreement, Reversing Trial Court’s Denial Of Petition To Compel Arbitration

July 21, 2014 · Arbitration: Choice of Law, Arbitration: Construction of Agreement, Arbitration: Employment, Arbitration: Federal Arbitration Act

Also, Burdens Upon The Employee Were Not So Great As To Make Arbitration Provision Unconscionable In our next case, the Court of Appeal, in a published opinion, reversed the trial court’s denial of a petition to compel arbitration. Galen v. Redfin Corporation, A138642 (1st Dist. Div. 1 July 21, 2014) (Dondero, Margulies, Becton) […]

Arbitration/Employment/Class/Waiver/FAA/Public Policy: California Supreme Court Rules in Iskanian: Yes On Waiver Of Class Action, No On Waiver Of PAGA Claims

June 23, 2014 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Public Policy, Arbitration: Waiver

Iskanian Decision Yields Opinion Of Four, Plus Justice Chin, Concurring, Plus Justice Werdegar, Concurring And Dissenting In a much-awaited decision, the California Supreme Court has ruled that a state’s refusal to enforce a class action waiver on grounds of public policy or unconscionability is preempted by the Federal Arbitration Act (FAA), but that […]

Arbitration/Appealability/Waiver/1281.2/Agents: Court Of Appeal Reverses Denial Of Petition To Compel Arbitration, Because Delay In Bringing Petition Did Not Result In Prejudice

May 21, 2014 · Arbitration: Agents, Arbitration: Appealability, Arbitration: Federal Arbitration Act, Arbitration: Section 1281.2, Arbitration: Waiver

Also, California Code of Civil Procedure, Section 1281.2, Did Not Prevent Arbitration, Because Federal Arbitration Act Applied And Preempted State Provision Defendants/appellants in the next case lost a petition to compel arbitration in the trial court. At first blush, they had waived their right to arbitrate, because they delayed bringing their motion to […]

Arbitration/Automobiles/Severability/Unconscionability/FAA: Case Is Remanded So Trial Court May Determine Whether Unconscionable Provisions In Automobile Installment Sale Contract Are Severable

April 18, 2014 · Arbitration: Automobiles, Arbitration: Federal Arbitration Act, Arbitration: Severability, Arbitration: Unconscionability

Sixth District Does Agree That Federal Arbitration Act Preempts California Consumers Legal Remedies Act, So Class Action Waiver In Arbitration Clause Is Enforceable Jalopy that has seen better days. Carol M. Highsmith, photographer. Library of Congress. An arbitration clause that is “permeated with unconscionability” need not be enforced. Here, the scorecard in […]

Arbitration/Class Action Waiver/FAA/Consumers: Court of Appeal Holds That Agreement Inviting Consideration Of Unenforceability Of Class Arbitration Procedures Allowed Trial Court To Invalidate Class Action Waiver

April 8, 2014 · Arbitration: Class, Arbitration: Consumers, Arbitration: Federal Arbitration Act, Arbitration: Waiver

Sticking To Its Contract Interpretation Guns, Second District, Division One, Shoots Down Federal Decisions The Court of Appeal has upheld a trial court order denying a motion to dismiss or stay class action litigation and to compel arbitration, basing its conclusion on principles of contract interpretation. Imburgia v. DIRECTV, Inc., B239361 (2nd Dist. […]

Arbitration/Appealability/Stay/FAA: Ninth Circuit Holds There Is No Appeal From District Court Order Staying Judicial Proceedings And Compelling Arbitration

March 21, 2014 · Arbitration: Appealability, Arbitration: Federal Arbitration Act, Arbitration: Stay

Court Addresses Unanswered Question As To Whether Stay Order Might Be Deemed “Final” Under “Collateral Order” Doctrine . . . No, Is The Answer A Ninth Circuit panel has held that 9 U.S.C. section 16, the section of the Federal Arbitration Act dealing with appeals, bars appeals from a district court’s orders staying judicial […]

Arbitration/Waiver/Employment/Class Action/FAA Preemption: Second District, Division 2, Holds That Employee Can Be Compelled To Arbitrate A Private Attorney General Act Employment Claim Individually, Thereby Enforcing Class Action Waiver

March 16, 2014 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Waiver

Court Acknowledges That Private Attorney General Laws “May Be Severely Undercut By Application Of The FAA” On March 12, at the end of my previous post, I commented “we are still in a somewhat fuzzy area regarding FAA preemption of California statutory rights to file a court action – especially in those instances where […]

Arbitration/Employment/Unconscionability/FAA Preemption: Second District, Division 4, Holds That Labor Code Section 229 Only Exempts Unpaid Wage Claim From Arbitration

March 12, 2014 · Arbitration: Burden of Proof, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Unconscionability

And Employer Failed To Sustain Burden Of Proving That California Statutory Right Of Employee To Avoid Arbitration Of Unpaid Wages Claim Was Preempted By Federal Arbitration Act Francis Capital Management LLC (FCM) appealed from an order denying its motion to compel Lane, a former employee, to arbitrate all his employment claims against FCM. Lane […]