Category: Arbitration: Federal Arbitration Act

Existence Of Agreement, Unconscionability: First District, Div. 4 Concludes Arbitration Agreement Was Signed, Not Unconscionable, And Reverses

January 23, 2023 · Arbitration: Existence of Agreement, Arbitration: Federal Arbitration Act, Arbitration: Unconscionability

Proof Of Handwritten Signature May Be Easier Than Proof Of Electronic Signature. The trial court found that the employer failed to prove employees had signed an arbitration agreement, that the agreement was unconscionable, and the court rejected the employer's efforts to compel arbitration. The Court of Appeal reversed. Leroye Iyere et al. v. Wise […]

Scope Of Arbitration Agreement Did Not Encompass Pre-Employment Disputes

January 4, 2023 · Arbitration: Civil Rights, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Public Injunctive Relief, Arbitration: Scope

Court of Appeal Also Held That Trial Court Properly Declined To Require Arbitration Of FEHA Claim For "Public Injunction." Defendant and Appellant Tesla, Inc. — you've probably heard of the company — appealed from denial of Tesla's motion to compel arbitration as to employees Chatman and Hall, plaintiffs. Marcus Vaughn et al v. Tesla, […]

Arbitration, PAGA, FAA, Delegation: Second District Div. 8 Holds That Viking River Cruises Requires Reversal Of Order That Denied Motion To Compel Arbitration

December 21, 2022 · Arbitration: Delegation, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: PAGA

Court Holds That Viking River Cruises Requires Enforcement Of Pre-Dispute Arbitration Agreement. Judge Harutunian explains that the trial court "understandably" denied the employer's motion to compel arbitration based on a rule in California that "predispute agreements to arbitrate PAGA claims are unenforceable." He concludes: "We hold that this rule cannot survive the U.S. Supreme […]

Unconscionability, PAGA, 1281.2, FAA: CCA 2nd Dist. Div. 6 Holds Iskanian Survives, Sort Of

December 11, 2022 · Arbitration: Existence of Agreement, Arbitration: Federal Arbitration Act, Arbitration: PAGA, Arbitration: Section 1281.2, Arbitration: Unconscionability

Court Of Appeals Affirms Denial Of Motion To Compel Arbitration. It's alive, it's alive ! We harbor the suspicion that Navas v. Fresh Venture Foods, LLC, B31288A (2/6 11/21/22) (Gilbert, Yegan, Perren), was published so that the Court of Appeal could tell us that while Viking River Cruises v. Moriana overrules Iskanian, to […]

Enforceability, FAA Preemption: Second Dist. Div. 7 Holds That Failure To File Fictitious Business Name Statement Makes Arbitration Agreement Unenforceable — With A Wrinkle

October 29, 2022 · Arbitration: Enforceability, Arbitration: Federal Arbitration Act

The Wrinkle Is That After A Year, Defendant/Appellant Filed A Fictitious Business Name Statement. Wrinkles. "Val Morgan, a retired attorney for the U.S. agency that oversees federal health-care payments, relaxes with two of her three wrinkly-faced, short-muzzle pug dogs, 14-year old Loretta, left, and 17-year-old Gus." Library of Congress. Photographer: Carol M. […]

Arbitration, Employment, FAA Preemption: Employers Must Strictly Comply With Requirement To Pay Arbitration Fees By Statutory Deadline

October 3, 2022 · Arbitration: Employment, Arbitration: Federal Arbitration Act

Substantial Compliance With CCP § 1281.97 Just Won't Cut It. In July 2022, the California Court of Appeal ruled in Sunny Gallo v. Wood Ranch that Cal. Code of Civ. Proc. § 1281.97 is not preempted by the Federal Arbitration Act. The court reasoned that 1281.97, which requires the drafting party — usually the […]

Pending Cases: Viking Cruises Is No Longer “Pending” And 9th Circuit Withdraws Opinion Re AB 51 And Mandatory Arbitration

August 29, 2022 · Arbitration: Employment, Arbitration: Federal Arbitration Act, Pending Cases

Catching Up From Last Week . . . Viking Cruises v. Moriana, PAGA, And Federal Preemption. We posted on June 19, 2022 about the Viking Cruises case, in which SCOTUS ruled individual PAGA claims can be arbitrated. In a concurrence, Justice Sotomayor wrote, "As a whole, the Court’s opinion makes clear that California […]

Ninth Circuit Holds Jurisdiction Exists To Enforce Arbitral Document Subpoena In California For International Arbitration Pending In DC

August 3, 2022 · Arbitration: Discovery, Arbitration: Federal Arbitration Act, Arbitration: Jurisdiction

Fighting About Obtaining Discovery In International Arbitration Pending In US . . . A problem occasionally encountered in arbitration is getting a court to enforce a document subpoena issued by the arbitrator. That was the problem in Jones Day v. Orrick, Herrington & Sutcliffe, LLP, Michael D. Torpey, Mitchell Zuklie, 21-16642 (9th Cir. […]

Consumers, Employment, FAA: Second Dist. Div. 1 Holds CA Statutes Protecting Employee From “Procedural Limbo” In Arbitration Are Not Preempted By Federal Law

August 1, 2022 · Arbitration: Consumers, Arbitration: Employment, Arbitration: Federal Arbitration Act

Business That Dilly-Dally About Paying Arbitration Fees Face Consequences. In a case of first impression, the California Court of Appeal asks whether California Code of Civil Procedure, §§ 1281.97, 1281.98, and 1281.99 are preempted by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. Sunny Gallo v. Wood Ranch, USA, B311067 (2/1 7/25/22) […]

Arbitration, FAA: Federal Arbitration Act Applied To Intrastate Driver Who Worked For Paratransit Service For Persons With Disabilities

July 19, 2022 · Arbitration: Civil Rights, Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act

Federal Preemption Of California's Gentry Rule Means Class Action Waiver Can Be Enforced. David Evenskaas, a driver, filed a wage and hour lawsuit against his employer, California Transit, Inc., which operates paratransit services for persons with disabilities in West and Central Los Angeles. Evenskaas's employment agreement included a broad arbitration agreement with a class […]