Category: Arbitration: Federal Arbitration Act

Arbitration, Class Action, Waiver, FAA: We Eagerly Wait The First Monday In October, And The SCOTUS Hearing On Three Consolidated Arbitration Cases

September 28, 2017 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act, Arbitration: Waiver

A Couple Of New Tidbits From SCOTUS Blog. Amy Howe posted again in SCOTUSBlog on September 25, 2017, about the upcoming hearing on October 2 of Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris, and National Labor Relations Board v. Murphy Oil USA, cases requiring SCOTUS to reconcile the Federal […]

Arbitration/Class/Employment: When Worlds Collide — SCOTUS Will Hear Major Arbitration Cases Pitting NLRA Against FAA At Beginning Of New Term

September 21, 2017 · Arbitration: Class, Arbitration: Employment, Arbitration: Federal Arbitration Act

Headline Of Article In The Economist Neatly Sums Up The Stakes: "Can Companies Block Employees' Class-Action Lawsuits?" Steven Mazie has authored an article in the September 20, 2017 online edition of The Economist about the competing interests at stake in the three arbitration cases that SCOTUS will hear on October 2 at the […]

Arbitration, Class Action, Waiver, FAA: Coming Soon To The Supreme Court: Can Employees Sign Away Their Rights In Arbitration Provisions To Sue Their Employer In A Class Action?

August 23, 2017 · Arbitration: Class, Arbitration: Federal Arbitration Act, Arbitration: Waiver

Subscript Law Has A Snappy Explainer. Today's SCOTUSBlog mentions that Subscript Law has a nice explainer boiling down three consolidated arbitration cases that the United States Supreme Court will be hearing at the beginning of its new term. The key issue in these cases: can employees sign away their rights to file class […]

Arbitration, CCP 1281.2, FAA Preemption: Second District, Div. 8 Holds That Procedural Provisions In California Arbitration Act Are Not Preempted By The FAA, Allowing Court Proceedings To Go Forward, Without Having To Arbitrate

July 13, 2017 · Arbitration: Federal Arbitration Act, Arbitration: Section 1281.2

The Holding Fills A Gap In California Law. Los Angeles Unified School District v. Safety National Casualty Corporation, B275597 (2/8 7/12/17) (Grimes, Bigelow, Sortino) addresses a problem that can bedevil litigators when a party seeks to use California Code of Civil Procedure section 1281.2 to thwart arbitration. Section 1281.2 allows a court to deny a […]

Arbitration, Federal Arbitration Act: SCOTUS Rules in Kindred Nursing Centers Case That Kentucky’s “Clear-Statement Rule” Violates The FAA By Singling Out Arbitration For Disfavored Treatment

May 17, 2017 · Arbitration: Federal Arbitration Act

The Decision Was Not A Surprise. Kindred Nursing Centers L.P v. Clark, No. 16-32 (US S.Ct. 5/15/17) (Kagan, J.) holds that Kentucky's "clear-statement rule" violates the Federal Arbitration Act by singling out arbitration agreements for disfavored treatment. Kentucky's "clear-statement rule" provides that, because the Kentucky constitution declares rights of access to the courts and […]

Arbitration/Waiver/Public Policy/FAA: California Supreme Court Rules That Arbitration Provision Eliminating Any Forum For Obtaining “Public Injunctive Relief” Is Unenforceable

April 6, 2017 · Arbitration: Class, Arbitration: Consumers, Arbitration: Federal Arbitration Act, Arbitration: Public Policy, Arbitration: Waiver

Nor Is There Federal Arbitration Act Preemption. In a long-awaited and important decision, the California Supreme Court addresses the validity of a provision in a predispute arbitration agreement that waives the right to seek “public injunctive relief” as a statutory remedy in any forum. McGill v. Citibank, N.A., No. S224086 (Sup. Ct. 4/6/17). Reversing the […]

Arbitration, PAGA, Standard Of Review, FAA: Fourth District Division One Agrees Predispute Arbitration Clause Cannot Be Enforced With A PAGA Claim

March 8, 2017 · Arbitration: Federal Arbitration Act, Arbitration: PAGA, Arbitration: Standard of Review

The Employee Brought A Single Cause Of Action For PAGA Violations. At first blush, Betancourt v. Prudential Overall Supply, E064326 (4/2 March 3, 2017) (Miller, Ramirez, McKinster), another opinion holding that PAGA claims cannot be arbitrated (more about the holding), is unremarkable. However, there are interesting points in the case that help explain why it […]

Federal Arbitration Act/Pending Cases: SCOTUS Hears Argument In Kindred Nursing Centers Limited Partnership v. Clark

February 23, 2017 · Arbitration: Federal Arbitration Act, Reviews

Argument Is Summarized In SCOTUSblog. On February 23, 2017, Professor Ronald Mann of Columbia Law School provided argument analysis in SCOTUSblog of yesterday's oral argument in Kindred Nursing Centers Limited Partnership v. Clark. By the tenor of the argument, which appears to have been hostile to Kentucky's position that the right to try personal injury […]

Enforcement Of Arbitration Agreement, Non-Signatories: Ninth Circuit Affirms Order Denying Samsung’s Motion To Compel Arbitration Of Class Complaint Filed By Purchaser Of Galaxy S4 Phone

January 20, 2017 · Arbitration: Consumers, Arbitration: Enforceability, Arbitration: Existence of Agreement, Arbitration: Federal Arbitration Act, Arbitration: Nonsignatories, Arbitration: Third Party Beneficiaries

Customer Agreement With Verizon And Samsung Product And Safety & Warranty Agreement In The Box Failed To Bind Plaintiff To Arbitrate. In Norcia v. Samsung Telecommunications America, LLC, et al., No 14-16994 (9th Cir. 10/17/17) (Ikuta, Thomas, Bea), Judge Ikuta provides in depth analysis of whether a 101 page brochure containing an arbitration provision […]

Arbitration/Class Action Waivers: Supreme Court Has Granted Cert To Hear Cases Addressing Whether National Labor Relations Act Prohibits Class Action Waivers

January 17, 2017 · Arbitration: Class, Arbitration: Federal Arbitration Act, Arbitration: Waiver

Ninth Circuit Case of Morris v. Ernst and Young Is One Of The Three Cases. On December 9, 2016, I linked my article on "The Politics of Arbitration" to this blog. In that article, I predicted, "Morris [v. Ernst and Young] could serve as a springboard for sending divergent opinions about the enforceability of arbitration […]