Category: Arbitration: Federal Arbitration Act

Arbitration/Employment/Choice of Law/Preemption: Massachusetts Choice of Law Enables Court of Appeal to Uphold Denial of Petition to Arbitrate Employment Discrimination Claims

April 8, 2013 · Arbitration: Choice of Law, Arbitration: Employment, Arbitration: Federal Arbitration Act

Waiver of Right to Trial of Employment Claims Was Not Clear and Unequivocal One of the hottest areas of contention concerning arbitration is the waiver of statutory rights through arbitration, and whether such a waiver is preempted under AT&T Mobility v. Concepcion, 131 S.Ct. 1740 (2011). In Harris v. Bingham McCutchen, B240522 (2nd Dist. […]

Arbitration/Employment/Waiver/FAA: First District, Div. 1, Affirms Judgment Compelling Employee To Arbitrate, Alone, With Macy’s Department Stores, Inc.

January 20, 2013 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Record, Arbitration: Waiver

Court of Appeal Is Skeptical About Gentry, But Avoids Addressing Gentry Factors, Because Record Was Lacking Macy’s Department Store’s Flagship location in Manhattan, New York. Carol M. Highsmith Collection. Library of Congress. The issue of the enforceability of class action waivers and compulsory arbitration in employment disputes is before the California Supreme […]

Arbitration/Consumers/Class Actions/FAA: Second District, Division 8 Rules That Consumer Legal Remedies Act’s Prohibition Against Class Waivers Is Preempted By The Federal Arbitration Act

January 15, 2013 · Arbitration: Automobiles, Arbitration: Class, Arbitration: Consumers, Arbitration: Federal Arbitration Act

“Saving Clause” of the FAA Doesn’t Save Consumer’s Unwaivable Statutory Rights Here A hot arbitration topic is whether in various circumstances the Federal Arbitration Act (FAA) preempts “unwaivable statutory rights” under state law. That was an important question in Flores v. West Covina Auto Group, Case No. B238265 (2nd Dist. Div. 8 January 11, […]

Arbitration/Federal Arbitration Act: District Two, Division Three Holds Section 9 Of The Federal Arbitration Act Is Not An Impediment To Enforcement Of Award In State Court

December 28, 2012 · Arbitration: Federal Arbitration Act

Beware of 9 U.S.C. Section 9: It Provides For Judicial Confirmation Of Arbitral Awards Only Upon Consent Of The Parties Swissmex-Rapid S.A. de C.V. and SP Systems, LLC arbitrated a commercial dispute concerning backpack agricultural sprayers manufactured by Swissmex, a Mexican corporation. The arbitration resulted in a net award in favor of Swissmex […]

Arbitration/Employment/Enforceability/FAA/CCP 1281.8: Second District, Div. 1 Reverses Order Denying Motion To Compel Arbitration – Mutuality Of Employer/Employee Provisions Is Key

December 21, 2012 · Arbitration: Construction of Agreement, Arbitration: Employment, Arbitration: Enforceability, Arbitration: Federal Arbitration Act, Arbitration: Unconscionability

“In particular, we do not find unconscionable a provision in the arbitration agreement allowing either party to seek provisional remedies . . . “ For the practitioner, Baltazar v. Forever 21, Inc., Case No. B237173 (2nd Dist. Div. 1 Dec. 20, 2012) (Mallano, J.) (published), is worth reading because it provides employers and employees […]

FAA’s National Policy Favoring Arbitration Requires Arbitrator In First Instance To Determine If Noncompetition Agreements Are Null And Void

December 16, 2012 · Arbitration: Federal Arbitration Act, Arbitration: Public Policy

SCOTUS Smackdown of Supreme Court of Oklahoma On November 26, 2012, in Nitro-Lift Technologies, L.L.C. v. Howard, 568 U.S. _______ (2012) (per curiam), the Supreme Court of the United States found it necessary to remind the Supreme Court of Oklahoma that “[i]t is a matter of great importance . . . that state […]

Pending Case: Ninth Circuit Holds En Banc Hearing In Kilgore v. KeyBank

December 16, 2012 · Arbitration: Federal Arbitration Act, Pending Cases

Federal Preemption Of California’s Broughton-Cruz Rule Exempting Claims For Public Injunctive Relief Is At Issue On March 7, 2012, we posted about Kilgore v. KeyBank, 673 F.3d 947 (9th Cir. March 7, 2012) (authored by Judge Trott). Kilgore held that California’s Broughton-Cruz rule, which provides claims for public injunctive relief cannot be arbitrated, is […]

Arbitration/Employment/FAA/Class Action/Waiver: Second District, Division 1 Holds That Gentry Is Not Overruled By Concepcion or Stolt-Nielsen

November 27, 2012 · Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Waiver

Gentry Rides Again! Franco v. Arakelian Enterprises, Inc., Case No. B232583 (2nd Dist. Div. 1 Nov. 11, 2012) (Mallano, J.) (published) is a long, scholarly opinion, containing a probing analysis of what may now be the hottest arbitration issue: how to resolve the collision between a class action waiver in arbitration and vindication of […]

Arbitration/Class Action/FAA/Waiver: United States Supreme Court Grants Certiorari In American Express Company v. Italian Colors Restaurant

November 20, 2012 · Arbitration: Class, Arbitration: Federal Arbitration Act, Arbitration: Waiver

Can An Arbitration Class Action Waiver Be Enforced If The Plaintiff Would Not Be Able To Effectively Vindicate Federal Statutory Rights Through Arbitration? The United States Supreme Court will soon decide whether its holding in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), concerning the enforceability of a class action waiver through […]

Arbitration/Enforceability: District Court of Nevada Finds “Browsewrap Agreement” To Arbitrate Unenforceable

October 31, 2012 · Arbitration: Enforceability, Arbitration: Federal Arbitration Act

“Browsewrap Agreement” Did Not Evidence That Plaintiffs Consented To Arbitrate, Plus It Was An Illusory Agreement That Could Be Changed At Any Time Generally, we focus on California law, but the next case, arising from the United States District Court for the District of Nevada, is an important one for e-commerce. In Re Zappos.Com, […]