Category: Arbitration: Waiver

Arbitration, Appealability, Fees, Estoppel, Waiver, Sanctions: Fourth Dist. Div. 3: “This Is An Appeal Borne Of Sharp Practices”

November 12, 2017 · Arbitration: Appealability, Arbitration: Equitable Estoppel, Arbitration: Fees, Arbitration: Sanctions, Arbitration: Waiver

Waiver, Invited Error, And Sharp Practices Doom The Appeal. Justice Ikola grabs the reader by the lapels in the opening lines of Diaz v. Professional Community Management, Inc., G053909 (4/3 certified for pub. 11/8/17) (Ikola, O'Leary, Aronson): "A 'sharp practice' is defined as a 'dealing in which advantage is taken or sought unscrupulously. […]

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/Waiver: Employer’s Delay In Seeking Arbitration And Prejudice To Employee Resulted In Waiver Of Right To Arbitrate

October 3, 2017 · Arbitration: Waiver

After Trial Court Found 2013 Agreement To Arbitrate "Unconscionable", Employer Turned To A 2008 Agreement. After employee Hackney left Arbitech and went to work for a competitor, PNH, Arbitech sued Hackney and PNH for misappropriation of trade secrets and other claims, and the defendants cross-complained. Hackney filed an individual and class action alleging employment-related claims […]

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, Waiver, Collective Bargaining: 2/7 CCA Affirms Part Of Order Requiring Arbitration, Grants Part To Deny Arbitration Of Statutory Claims To Pay Wages Timely And For Unlawful Competition, Agrees Class Action Waived

September 4, 2017 · Arbitration: Class, Arbitration: Collective Bargaining, Arbitration: Waiver

Arbitration Was Required Under A Collective Bargaining Agreement That Did Not Provide For Class Arbitration. Brushing aside thorny appealability issues, Cortez v. Doty Bros. Equipment Company, B275255 (2/7 filed 8/15, pub. order 9/1/17) (Perluss, Zelon, Segal) treated an employee's appeal as a writ of mandate, enabling the Court to address the effect of […]

Arbitration, Class Action, Waiver: Defendant Who Decides Not To Arbitrate Against Named Plaintiff Waives Right To Compel Arbitration Against Absent Class Members

August 28, 2017 · Arbitration: Class, Arbitration: Section 1281.2, Arbitration: Waiver

Unreasonable Delay Supported Trial Court's Finding Of Prejudice, Resulting In Waiver Of Right To Arbitrate. Sprunk, et al. v. Prisma LLC, B268755 (2/1 8/23/17) (Lui, Chaney, Johnson) holds that, under the circumstances, defendant Prisma LLC aka "Plan B", an employer of exotic dancers, waived its right to seek arbitration "by filing and then […]

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, Employment, Class Actions, Waivers: Anita Hill’s Op-Ed In NYT Today Argues Class Actions Could Fight Discrimination In Tech, But Soft-Pedals Obstacle Of Arbitration/Class Action Waivers

August 8, 2017 · Arbitration: Class, Arbitration: Employment, Arbitration: Waiver

My Mini-Comment Is Posted To NYT Website. Anita Hill, who famously testified during Justice Clarence Thomas's confirmation hearing, has written an Op-Ed for the NYT entitled, "Class Actions Could Fight Discrimination In Tech", appearing on-line today, August 8, 2017. She observes, uncontroversially: "Women in tech no doubt have hurdles to bringing class-action lawsuits, including […]

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 […]

Collective Bargaining: Second District, Division 4, Holds Trial Court Properly Denied Motion To Compel Arbitration Because Collective Bargaining Agreements Did Not Include “Unmistakable Waiver Of The Right To A Judicial Forum For Individual Statutory C

February 8, 2017 · Arbitration: Collective Bargaining, Arbitration: Employment, Arbitration: Standard of Review, Arbitration: Waiver

Where Statutory Violations Are Alleged, Presumption Of Arbitrability Applying To Contractual Disputes Arising Out Of A Collective Bargaining Agreement Does Not Apply. Collective bargaining agreements (CBAs) are a different animal requiring close scrutiny when the question of arbitrability arises in an employment dispute. In Vasserman v. Henry Mayo Newhall Memorial Hospital, No. B267975 (2/4 2/7/17) […]