Category: Arbitration: Jurisdiction

Arbitrability, Delegation, Enforceability, Jurisdiction, Unconscionability: A Trifecta of Ninth Circuit Published Opinions

August 14, 2021 · Arbitration: Arbitrability, Arbitration: Delegation, Arbitration: Enforceability, Arbitration: Jurisdiction, Arbitration: Unconscionability

August 12, 2021 Was A Day Rich In 9th Circuit Arbitration Decisions. Santiago Lim v. TForce Logistics, LLC, No. 20-55564 (9th Cir. 8/12/21) (Smith, Owens, Robreno). This case is about the gateway decision of arbitrability, delegation of that decision, and unconscionability. The panel holds that the delegation and arbitration clauses are procedurally and substantively […]

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, Jurisdiction, Discovery: Ninth Circuit Determines How Amount Requirement In Diversity Jurisdiction Applies To Subpoenas Issued By Arbitrators

March 31, 2021 · Arbitration: Discovery, Arbitration: Jurisdiction

The Majority Looks At The Amount-In-Controversy In The Underlying Dispute, And The Concurring Opinions Looks At The Amount Involved In The Discovery Dispute. The panel in Maine Community Health Options v. Albertsons Companies, Inc., No. 20-35931 (9th Cir. 3/31/21) (Hurwitz, Fletcher; Watford concurring) determines how "the amount-in-controversy requirement in 28 U.S.C. § 1332(a) is […]

Arbitration: Ninth Circuit Rules That Plaintiff’s Voluntary Dismissal With Prejudice, After Defense Motion To Compel Arbitration Is Granted, Does Not Create Appellate Jurisdiction

December 30, 2020 · Arbitration: Appealability, Arbitration: Jurisdiction

A SCOTUS Case Effectively Overruled An Earlier Ninth Circuit Opinion. In Damian Langere v. Verizon Wireless Services, No. 19-55747 (9th Cir. 12/29/20) (Bumatay, Parker, Watford), the court holds, "the voluntary dismissal of claims following an order compelling arbitration does not create appellate jurisdiction." The rule had been otherwise in the Ninth Circuit in […]

International Arbitration: California Supreme Court Allows Service Of Process By FedEx On Chinese Company Where Parties Waived Formal Service Requirements Of Hague Service Convention

April 7, 2020 · Arbitration: International, Arbitration: Jurisdiction

The Hague Service Convention Between The US And China Did Not Apply Because . . . The first sentence of an opinion is often an arrow pointing to where the court is headed. So it is in Rockefeller Technology Investments (Asia) VII v. Changzhou Sinotype Technology Co., Ltd., S249923 (Cal. S.Ct 4/2/20) (Corrigan, J.): […]

MFAA, Appealibility, Jurisdiction: An Order Denying A Petition To Compel A Mandatory Fee Arbitration Act Arbitration Is Not Appealable

June 17, 2019 · Arbitration: Appealability, Arbitration: Fees, Arbitration: Jurisdiction, Arbitration: MFAA

Appealability Under The Mandatory Fee Arbitration Act Is Different Than Appealability Under The California Arbitration Act. The holding of Levinson Arshonsky & Kurtz LLP v Kim (2/1 5/29/19) (Weingart, J.), is that an order denying a petition to compel an MFAA arbitration is not appealable. Therefore, the Court of Appeal lacks jurisdiction to […]

Arbitration, Class Actions, Waiver, Construction of Agreement: SCOTUS Rules That Class Arbitration Is Not Allowed When Agreement Is Ambiguous

April 25, 2019 · Arbitration: Class, Arbitration: Construction of Agreement, Arbitration: Federal Arbitration Act, Arbitration: Jurisdiction, Arbitration: Waiver

Majority Rejects State Law Rule That Ambiguous Contracts Are Interpreted Against The Drafter Because . . . Frank Varela, an employee of Petitioner Lamps Plus, Inc., sued Lamps Plus because a hacker tricked Varela's employer into disclosing tax information about 1,300 employees. Mr. Varela was understandably miffed after a fraudulent income tax return was […]

International Arbitration, Jurisdiction: Settlement Agreement May Not Amount To Arbitral Award Under Peculiar Facts

February 27, 2019 · Arbitration: International, Arbitration: Jurisdiction

Case Is Remanded So District Court Can Assess Jurisdictional Issue. The plaintiff-appellant Mr. Castro took on a job as a deck hand on ship. His employment agreement contained a mandatory arbitration provision and it required arbitration to occur in and be subject to the procedural rules of American Samoa. After severely injuring himself, […]

Arbitration, Fees, Jurisdiction: First District, Div. 2 Holds That California Court, Rather Than Tribal Court, Had Jurisdiction To Award Fees For Successful Motion To Compel Arbitration

September 25, 2018 · Arbitration: Fees, Arbitration: Jurisdiction

Tribal Sovereign Immunity Was At Issue. Lawsuits filed against Indian tribes trigger issues of tribal sovereign immunity and jurisdiction. Such was the case in Findleton v. Coyote Valley Band of Pomo Indians, A150444 (1/2 9/25/18) (Stewart, Kline, Richman). This is the third appeal concerning contractor Findleton's efforts to enforce arbitration clauses against the Coyote […]

Arbitration, Jurisdiction, Waiver: 9th Circuit Holds Party That Vigorously Litigates Following Adverse Ruling On Personal Jurisdiction Does Not Waive Defense Of Lack Of Jurisdiction

September 7, 2018 · Arbitration: Jurisdiction, Arbitration: Waiver

Defendant, A United Arab Emirates Bank, Lacked Sufficient Contacts With The US. The court staff summary of this case states: "The panel reversed the district court's judgment compelling arbitration of claims concerning a contract and remanded for dismissal on the ground that the district court lacked personal jurisdiction over the defendant." InfoSpan, Inc., et al. […]