Category: Arbitration: Waiver

Arbitration/Class Action Waiver: Party Cannot Be Compelled To Arbitrate Class Arbitration Where Arbitration Provision Neither Authorizes Nor Prohibits Class Action

April 25, 2012 · Arbitration: Class, Arbitration: Federal Arbitration Act, Arbitration: Waiver

But Rule in Gentry Allowing For Invalidation of Class Arbitration Waiver Where Nonwaivable Statutory Rights Are At Issue Manages to Maintain Toehold Once again, the Court of Appeal ventures into the thicket of class action arbitration waivers, threading its way around ATT&T Mobility LLC v. Concepcion, __ U.S. __ , 131 S.Ct. 1740 […]

Arbitration/Class Actions/Waiver/Unconscionability: Second District, Division 7, Agreeing That Class Action Waiver Is Unconscionable, Affirms Trial Court

April 2, 2012 · Arbitration: Class, Arbitration: Employment, Arbitration: Unconscionability, Arbitration: Waiver

No Need To Decide Whether Concepcion Overrules Gentry Here – Because "This Is Not A Close Case" These proceedings began in 2004 when Ralphs Grocery Company employees sued Ralphs for alleged violations of the Labor Code and Unfair Competition law. The proceedings moved up and down the appellate ladder. Eventually, after a remand, […]

Arbitration/Waiver: Fourth District Division 3 Upholds Determination That Defendant Waived Right To Arbitrate After Five Month Delay.

March 29, 2012 · Arbitration: Waiver

No Single Test Delineates Conduct That Will Constitute A Waiver Above: Mercedes-Benz U.S. International Plant, Tuscaloosa County, Alabama. Carol Highsmith, photographer. Library of Congress. Remember the test for waiver that we learned in law school? “Voluntary relinquishment of a known right.” Well, that’s not the requirement for waiver of the right to […]

Ninth Circuit Examines Class Action Waiver In Arbitration Clause and Searches For A Lifeboat

March 18, 2012 · Arbitration: Enforceability, Arbitration: Federal Arbitration Act, Arbitration: Unconscionability, Arbitration: Waiver

Could Choice of Law and Procedural Unconscionability Provide A Lifeboat For Class Action Plaintiffs After AT&T Mobility v. Concepcion? Our latest arbitration case out of the Ninth Circuit contains an interesting twist on the analysis of collective-arbitration waivers in consumer contracts. Coneff, et al. v. AT&T Corp., et al., No. No. 09-35563 (9th Cir. […]

Waiver: Substantial Evidence of Waiver of Right to Arbitrate Results in Affirmance of Trial Court’s Order Denying Petition to Compel Arbitration

February 29, 2012 · Arbitration: Waiver

Our next case involves a business and a relationship gone sour. Slagter v. Maiao, No. D057368 (4th Dist. Div. 1 January 5, 2012) (unpublished). However, as the Court notes that the parties are well aware of the facts, and the facts are not relevant to the present legal issue, neither we nor […]