Category: Arbitration: Federal Arbitration Act

Arbitration: Discovery, FAA: Contributor Marc Has Published A Recent Article On Suggested Legislative Fixes To Ninth Circuit’s Holding In CVS Health Corp. That District Judges Have No Power To Compel Third Party Document Production Before The Schedule

July 17, 2018 · Arbitration: Discovery, Arbitration: Federal Arbitration Act

His Article Appears in The July 2018 Edition Of The Orange County Lawyer. On December 25, 2017, contributor Marc posted on CVS Health Corp. v. Vividus, LLC, 878 F.3d 703 (9th Cir. 2017), where the Ninth Circuit Court of Appeals held, based on a reading of the "plain meaning" of the Federal Arbitration Act, […]

Arbitration: Class Action, Waiver, FAA, Employment: Employment Contract Providing For Individualized Arbitration Provisions Not Invalidated By The Federal Arbitration Act’s Savings Clause, The Fair Labor Standards Act, Or National Labor Relations Act

May 22, 2018 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Waiver

FAA Collective Actions And Related State Law Class Actions Governed By Individualized Arbitration Proceedings Under Employment Contract. On May 21, 2018, the United State Supreme Court issued its decision in Epic Systems Corp. v. Lewis, 584 U.S. __, No. 16-285. SCOTUS decided that the FAA instructed federal courts to enforce individualized arbitration proceedings under an […]

Arbitration/Delegation: SCOTUS To Consider Who Decides Arbitrability Of Federal Arbitration Act Section 1 Exemption

February 26, 2018 · Arbitration: Delegation, Arbitration: Federal Arbitration Act

Arbitrator Or Judge? SCOTUSBlog reports today that the Supreme Court has added an arbitration case to its next term: "New Prime Inc. v. Oliveira Docket No. Op. Below Argument Opinion Vote Author Term 17-340 1st Cir. TBD TBD TBD TBD OT 2018 Issues: (1) Whether a dispute over applicability […]

Arbitration/FAA/Class Action/Standard Of Review: Court Of Appeal Rejects Enforcing Class Action Waiver Under Federal Arbitration Act, Because FAA Does Not Apply To Workers Engaged In Transporting Goods

February 23, 2018 · Arbitration: Class, Arbitration: Federal Arbitration Act, Arbitration: Standard of Review, Arbitration: Waiver

Gentry v. Superior Court: It's Alive, It's Alive! Gentry v. Superior Court (2007) 42 Cal.4th 443 (Gentry) held that class action waiver provisions in a contract are unenforceable, and a motion to compel arbitration may be denied, where the so-called "Gentry factors" are satisfied, and it is determined that a class action is a […]

Arbitration, Federal Arbitration Act, Public Policy: 9th Circuit Holds That FAA Does Not Apply To Agreements Between Prosecutors And Citizens Resolving Alleged Criminal Violations

December 27, 2017 · Arbitration: Federal Arbitration Act, Arbitration: Public Policy

And Such An Agreement To Arbitrate Disputes Invoking The Criminal Law Would Be Contrary To Public Policy. The context for our next case is California's Bad Check Diversion Program (Program), created to relieve California courts of the case overload caused by the criminalization of the writing of bad checks with intent to defraud. The statutory […]

Arbitration, Discovery, FAA: Ninth Circuit Holds FAA Does Not Grant Arbitrators Power To Order Third Parties To Produce Documents Prior To An Arbitration Hearing

December 25, 2017 · Arbitration: Discovery, Arbitration: Federal Arbitration Act

Ninth Circuit Joins Majority Of Circuits On Issue That Divides The Circuits. Based on a reading of the "plain meaning" of the Federal Arbitration Act, specifically, 9 U.S.C. section 7, the Ninth Circuit holds: "[T]he FAA does not grant arbitrators the power to order third parties to produce documents prior to an arbitration hearing."CVS […]

Federal Arbitration Act, Consumers, Arbitration: First Amendment Challenge To Arbitration Clause Fails In Ninth Circuit

December 13, 2017 · Arbitration: Consumers, Arbitration: Federal Arbitration Act

Does The Federal Arbitration Act Implicate "State Action"? "No" is the short answer. However, read on if you want to know about the novel argument made by consumer plaintiffs in Roberts v. AT&T Mobility, No. 16-16915 (9th Cir. 12/11/17) (Tallman, Hawkins, Fletcher). In Roberts, AT&T moved to compel arbitration against putative […]

Arbitration, Construction of Agreement, International, FAA: Arbitration Agreement Not Signed By Parties Was Unenforceable, Based On Placement Of Comma

December 6, 2017 · Arbitration: Construction of Agreement, Arbitration: Federal Arbitration Act, Arbitration: International

This Case Is For Grammar Afficionados; Or, What A Difference A Comma Makes. Only and exclusive photo of the Vestris as it went down. Fred Hansen, photographer, active 1928. Library of Congress. Mr. Yang, a seaman, died when the fishing vessel he worked on sank because of inadequate repairs and […]

Arbitration, Class Action, Waiver, FAA, Employment: Oral Argument For Epic Systems Corp v. Lewis And Consolidated Cases Is Now Available On-Line

October 9, 2017 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Waiver

Epic Systems Corp. And Consolidated Cases Pit FAA Against NLRA. Does the right to arbitrate a case under the Federal Arbitration Act trump the right of employees to engage in concerted activity under the National Labor Relations Act by filing a class action lawsuit against an employer? Oral argument in Epic […]

Arbitration/CCP 1281.2/FAA/Existence Of Agreement: 4/3 CCA Hold That, Despite Interstate Commerce, Procedural Aspects Of California Arbitration Act Apply Where Contract Is Silent About Application Of FAA To Procedure

October 2, 2017 · Arbitration: Existence of Agreement, Arbitration: Federal Arbitration Act, Arbitration: Section 1281.2

Oh, And An Attempt At Incorporation By Reference Failed To Create An Arbitration Agreement. Lennar Corporation v. General Security Indemnity Company of Arizona, G053418 (4/3 9/28/17) (Fybel, Aronson, Ikola) (unpublished) involved a dispute between a developer, Lennar, and its excess insurer, General Security, arising after a "drywall product manufactured in China and used in Lennar […]