Category: Arbitration: Federal Arbitration Act

Arbitration/Class/FAA/Standard of Review: United States Supreme Court Denies Certiorari In Sterling Jewelers Inc. v. Jock

March 20, 2012 · Arbitration: Class, Arbitration: Construction of Agreement, Arbitration: Employment, Arbitration: Federal Arbitration Act

District Court May Not Decide Whether The Arbitrator "Got It Right" On March 19, 2012, the United States Supreme Court denied a petition for a writ of certiorari in an interesting employment company-wide gender discrimination case. Sterling Jewelers Inc. v. Jock, 646 F.3d 113 (2nd Cir. 2011), cert. den., 2012 WL 3356. The […]

Ninth Circuit Examines Class Action Waiver In Arbitration Clause and Searches For A Lifeboat

March 18, 2012 · Arbitration: Enforceability, Arbitration: Federal Arbitration Act, Arbitration: Unconscionability, Arbitration: Waiver

Could Choice of Law and Procedural Unconscionability Provide A Lifeboat For Class Action Plaintiffs After AT&T Mobility v. Concepcion? Our latest arbitration case out of the Ninth Circuit contains an interesting twist on the analysis of collective-arbitration waivers in consumer contracts. Coneff, et al. v. AT&T Corp., et al., No. No. 09-35563 (9th Cir. […]

Ninth Circuit Holds California Broughton-Cruz Rule That Claims For Public Injunctive Relief Cannot Be Arbitrated Is Preempted By Federal Arbitration Act

March 7, 2012 · Arbitration: Federal Arbitration Act, Arbitration: Unconscionability

Court Also Lays Bare The Policy Consequences For The Privatization Of Consumer Justice In Kilgore v. KeyBank, No. 09-16703 & No. 10-15934 (9th Cir. March 7, 2012) (authored by Judge Trott) (for publication), the Ninth Circuit resolves an FAA preemption issue dividing the district courts, lays bare the policy consequences for consumer justice, […]

Arbitration/FAA: 9th Circuit Affirms District Court’s Order Affirming Arbitration Award and Permanent Injunction Against Employer and In Favor of Employer

March 6, 2012 · Arbitration: Employment, Arbitration: Federal Arbitration Act

Court Highlights Limited Scope of Review of the Final Award Under the FAA – As Compared to Under California Law Appellant Biller worked as an in-house attorney for Toyota Motor Sales (TMS). In 2007, Biller presented TMS with a claim of constructive wrongful discharge related to TMS’s alleged unethical discovery practices. The dispute […]

Arbitration: 1st District, Div. 5, Finds No Error In Trial Court’s Decision Invalidating One-Sided Arbitration Clause in Employment Agreement

March 4, 2012 · Arbitration: Burden of Proof, Arbitration: Construction of Agreement, Arbitration: Delegation, Arbitration: Employment, Arbitration: Enforceability, Arbitration: Federal Arbitration Act, Arbitration: Severability, Arbitration: Unconscionability

Delegation to the Arbitrator of the Power to Decide Whether the Arbitration Clause is Unconscionable Is “Horse of a Different Color” That Must Satisfy High Evidentiary Standard The employer, CantorCo2e, L.P., and an executive, appealed from an order denying their petition to compel arbitration of the claims under the Federal Arbitration Act (FAA) […]

Arbitration/Unconscionability/Employment/FAA: Employment Arbitration Provision Invalidated By 4th District, Div. 3, On Grounds of Unconscionability

March 4, 2012 · Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Severability, Arbitration: Unconscionability

Arbitration Provision Drafted By Employer in Contract of Adhesion Was Too One-Sided The next case, though unpublished, nicely lays out principles relevant to an arbitration clause in the employment context, including procedural and substantive unconscionability, Federal Arbitration Act (FAA) preemption, and severability. Mayers v. Volt Managemnt Corp.,Case No. G045036 (4th Dist. Div. 3 […]