Category: Arbitration: Federal Arbitration Act

Arbitration, FAA, Construction: Second Dist. Div. 1 Holds FAA Preempts Applying Contra Proferentum Rule In Case Of Contractual Ambiguity

July 27, 2021 · Arbitration: Construction of Agreement, Arbitration: Federal Arbitration Act

Trial Court Must Now Enter Order Compelling Binding Arbitration Between Western Bagel Company And Employee. Moose figure outside the Bagels Plus store in North Conway, New Hampshire. Photographer: Carol M. Highsmith. 2017. Library of Congress. When Jose Calderon, a Spanish speaking employee of Western Bagel Company, Inc. brought a putative class action lawsuit against […]

Arbitration, Appealability, Jurisdiction, Existence of Agreement: District Court Should Have Summarily Ruled On Existence Of Agreement Before Denying Motion To Arbitrate

July 10, 2021 · Arbitration: Appealability, Arbitration: Existence of Agreement, Arbitration: Federal Arbitration Act, Arbitration: Jurisdiction

There Is A Method To This . . . Before I get to the case, I should mention that I'm playing "catch up." I've fallen somewhat behind on posting, between a busy mediation calendar and some travel to visit a newly born child in the family. But it's the weekend, so let's see how […]

Arbitration, Employment, FAA: 9th Circuit Holds Private Arb Agreement Does Not Bind Labor Sec In Enforcement Action Against Parties To Their Own Arbitration Agreement

May 26, 2021 · Arbitration: Employment, Arbitration: Federal Arbitration Act

Liberal Arbitration Policy Of The FAA Doesn't Mean Nonparties Can Be Compelled To Arbitrate. The question in Walsh v. Arizona Logistics, Inc. and Larry Browne, No. 20-15765 (9th Cir. 18/21/2021) (Hunsaker, Fletcher, Miller) is "whether a private arbitration agreement binds the Secretary of Labor when bringing a Fair Labor Standards Act (FLSA) enforcement action […]

Arbitration, Automobiles, FAA, Public Policy: A “Satellite Service Facility” Agreement With Subaru Was Not Subject To Statutory Exception To Arbitration That Would Apply To Manufacturer-Dealer Franchise Agreements

February 25, 2021 · Arbitration: Automobiles, Arbitration: Federal Arbitration Act

Automobile Dealerships Are Subject To A Narrow Exception To Arbitration — But The Exception Did Not Apply Here. 1958 Subaru 360. Licensed under the Creative Commons Attribution-Share Alike 3.0 Unported, 2.5 Generic, 2.0 Generic and 1.0 Generic license. Author: Mytho88. Who knew? Automobile dealer franchises are subject to a narrow statutory exception to arbitration under the Motor Vehicle Franchise Arbitration […]

Arbitration, Public Policy: An Arbitration Provision Purporting To Waive Consumer’s Right To Seek Public Injunctive Relief Is Invalid And Unenforceable

February 8, 2021 · Arbitration: Enforceability, Arbitration: Federal Arbitration Act, Arbitration: Public Policy, Arbitration: Waiver

McGill Is Still Good Law. The action in Joe Maldonado v. Fast Auto Loans, Inc., G058645 (4/3 2/8/21) (O'Leary, Aronson, Thompson) centered on whether McGill v. Citibank, N.A., 2 Cal.5th 945 (2017) is still good California law and whether it has been preempted by the Federal Arbitration Act. McGill, which we posted about on […]

Arbitration, FAA, Unconsionability: First Distriction, Div. 2 Holds FAA Does Not Apply To Transportation Workers And Agreement Is Unconsionable

January 23, 2021 · Arbitration: Federal Arbitration Act, Arbitration: Unconscionability

Court Distinguishes Baltazar. Plaintiff Sabid Ali sued Daylight Transport, LLC, claiming he had been misclassified as an independent contractor, and alleging various California labor violations. Daylight move to compel arbitration, failed, and appealed. Sabid Ali v. Daylight Transport, LLC, No. A157104 (1/2 12/31/20) (Kline, Richman, Miller) (partial pub.). In the trial court, Daylight […]

Arbitration: First District, Div. 1 Rules State Regulatory Law Did Not Allow Plaintiff To Avoid Arbitration

November 4, 2020 · Arbitration: Federal Arbitration Act, Arbitration: State Regulatory Law

In Which We Create A New Side Bar Category– Arbitration: State Regulatory Law Nearly every new post on this blog links to one of our many sidebar categories. This post, however, addresses an arbitration issue that required the creation of a new sidebar category: "Arbitration: State Regulatory Law." The issue presented was whether an […]

Arbitration, Contract Interpretation, FAA: 9th Circuit Holds California’s “Absurd Results” Rule Of Contract Interpretation Is Not Preempted By FAA

October 2, 2020 · Arbitration: Construction of Agreement, Arbitration: Federal Arbitration Act

Provisions Requiring Arbitration With AT&T's Affiliates Did Not Apply To A Future Affiliate. Plaintiff contracted with AT&T for service, and sued an affiliate DIRECTV acquired later by AT&T. The Court of Appeal had to "decide whether a satellite television company, which became an affiliate years after the agreement was signed, may use the wireless […]

Arbitration, Policy, Choice of Law, FAA, Severance: McGill v Citibank Lives: Arbitration Provision Eliminating Any Forum For Public Injunctive Relief Is Unenforceable

September 29, 2020 · Arbitration: Choice of Law, Arbitration: Enforceability, Arbitration: Federal Arbitration Act, Arbitration: Public Policy, Arbitration: Severability, Arbitration: Waiver

Case Offers Primer On McGill v. Citibank, N.A. Defendant and appellant DACM, Inc. (Del Amo) sold a motorcycle to Joseph Mejia, who paid some cash and financed the remainder of the purchase with a credit card. And, the credit card included an arbitration provision covering Del Amo. So when Mejia sued Del Amo for […]

Arbitration: On Issue Of First Impression, 9th Circuit Holds Arbitration Obligations Survived Contract Termination

September 12, 2020 · Arbitration: Arbitrability, Arbitration: Class, Arbitration: Enforceability, Arbitration: Equitable Estoppel, Arbitration: Federal Arbitration Act, Arbitration: Nonsignatories

Shivkov v Artex Risk Solutions Arises From Tax Shelter Gone Sideways . . . The numerous Plaintiffs in Shivkov, et al v. Artex Risk Solutions, Inc., et al, No. 19-16746 (9th Cir. 9/9/20) (Smith, Fisher, Hawkins), probably felt that the Artex Risk Solutions was a misnomer by the time they brought suit. Defendants allegedly […]