Category: Arbitration: Scope

Scope, Equitable Estoppel: 9th Circuit Holds Discrimination Claims Were Outside Scope Of Arbitration, And Equitable Estoppel Prevented Bank From Arguing Borrower Couldn’t Opt Out

July 24, 2023 · Arbitration: Equitable Estoppel, Arbitration: Scope

There Were Two Agreements To Arbitrate And Neither Worked. Iliana Perez entered into two arbitration agreements: one, with Citibank in 2010 in connection with a student loan, the second, with Discover Bank in 2018, in connection with a consolidation loan for her student loan. She sued Discover Bank after her application for a consolidation […]

Arbitration, Scope: 9th Circuit Ruled Amazon Arbitration Agreement With Flex Drivers Did Not Apply To Spying On Drivers On Facebook

July 11, 2023 · Arbitration: Construction of Agreement, Arbitration: Employment, Arbitration: Existence of Agreement, Arbitration: Scope

Two Judge Majority With Judge Susan P. Graber Concurring And Dissenting. Amazon Flex Drivers sued Amazon for allegedly spying on them in a closed Facebook group where the drivers discussed employment-related issues when they were not working. A panel of the 9th Circuit held that a 2016 arbitration agreement applied, because the employer seems […]

Existence Of Arbitration Agreement: Arbitration Agreement For Website Did Not Apply To In-Store Purchases

January 11, 2023 · Arbitration: Existence of Agreement, Arbitration: Scope

Existence Versus Scope Of Arbitration Agreement — See How It Makes A Difference. Tire recapping. A service attendant points out a worn tire that may be recapped under a new plan which removes restrictions on reclaimed camelback rubber for passenger tires. The plan to recap passenger car tires with reclaimed rubber camelback, approved by rubber […]

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, Scope, Stay: Fifth District Agrees Equitable Issues Were Outside Scope Of Arbitration Agreement, And Arbitrable Claims Could Be Stayed

March 2, 2022 · Arbitration: Scope, Arbitration: Stay

The Arbitration Provision Was Not Ambiguous. The arbitration provision in Eminence Healthcare, Inc. v. Centuri Health Ventures, LLC, et al., F079993 (5th Dist. 2/2/22) (Franson, Hill, Pena), carved out equitable causes of action from arbitration. Because the Court of Appeal agreed the clause was unambiguous, the Court affirmed the trial court's decision that six […]

Arbitration, Construction Of Scope Of Agreement: Second Dist.Div. 7 Reverses Arbitration Award Because Narrow Scope Of Arbitration Agreement Did Not Cover The Dispute

March 2, 2022 · Arbitration: Construction of Agreement, Arbitration: Scope

The Court Of Appeal Construes The Arbitration Provision As "Narrow" Rather Than "Broad." The Court of Appeal reverses confirmation of an arbitration award in Thomas Ahern et al. v. Asset Management Consultants, Inc., et al., B309935 (2/7 2/1/22) (Perluss, Segal, Feuer). The underlying dispute was between a co-tenant, Ahern, who purchased a co-tenant […]

Arbitration: Construction Of Agreement; Delegation; Scope: Plaintiff Uber/Lyft Driver’s Suit Relating To Uber Use Of Fake Lyft Accounts Was Not Within Scope Of Arbitration Agreements With Uber

June 9, 2018 · Arbitration: Construction of Agreement, Arbitration: Delegation, Arbitration: Scope

Appellate Court Accepted Delegation Of Arbitrability Gateway Determination To Arbitrator, But Found Uber’s Arbitrability Assertion Was “Wholly Groundless” Because Dispute Was Patently Beyond The Scope of Parties’ Arbitration Agreement. Smythe v. Uber Technologies, Inc., Case No. A149891 (1st Dist., Div. 3 June 8, 2018) (published) (Siggins, J., concurred in by McGuiness, Acting P.J. (retired […]

International Arbitration, Gateway Issue, Delegation, Scope: Ninth Circuit Holds That Incorporation Of ICC Rules Delegates Issue Of Scope Of Arbitration To The Arbitrator

July 11, 2017 · Arbitration: Delegation, Arbitration: Gateway Issues, Arbitration: International, Arbitration: Scope

Ninth Circuit Joins Second And First Circuits. In Portland General Electric Company v. Liberty Mutual Insurance Company, et al., No 16-35628 (9th Cir. 7/10/17) an opinion authored by Senior District Judge Jed S. Rakoff, the 9th Circuit joins the 2nd and 1st Circuits to conclude that "incorporation of the rules of the ICC [International […]

Arbitration, Enforceability, Existence Of Agreement, Employment: Orders Denying Motions To Compel Arbitration And Staying Arbitration Survive Appeals In Fourth, Sixth, And Fifth Districts

August 21, 2016 · Arbitration: Employment, Arbitration: Enforceability, Arbitration: Existence of Agreement, Arbitration: Gateway Issues, Arbitration: PAGA, Arbitration: Scope, Arbitration: Stay

The next three cases show that, notwithstanding the trend to uphold agreements to arbitrate, there are still plenty of situations in which our California Courts of Appeal will agree that arbitration should be denied or stayed, and allow litigation to go forward. Tran v. Integra LifeSciences Corporation, No. G051620 (4th Dist. Div. 3 8/18/16) […]

Arbitration, Scope, Enforceability, Construction: Employees Get To Litigate Class Action Claims, Because Arbitration Agreement Excluded Class Action Claims From Its Scope

June 22, 2016 · Arbitration: Class, Arbitration: Construction of Agreement, Arbitration: Enforceability, Arbitration: Scope

Court Looks At Evolution Of Class Action Waiver Law In California For Help Construing Meaning Of The Contractual Language. In 2011, AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011) held the Discover Bank rule, invalidating a class arbitration waiver, had been preempted by the Federal Arbitration Act. After Concepcion, employers frequently insert class […]