Tag: Federal Arbitration Act

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 […]

Arbitration, PAGA, FAA, Waiver, Deadlines: Fourth District, Div. 1 Rules California Courts Are Still Bound By Iskanian, Despite SCOTUS Arbitration Cases

February 26, 2019 · Arbitration: Deadlines, Arbitration: Federal Arbitration Act, Arbitration: PAGA, Arbitration: Waiver

Case Contains Rich Discussion Of Arbitration, PAGA, Federal Preemption, And Divergence Of State And Federal Law. Plaintiffs sued their former employer, alleging wage and hour violations and seeking civil penalties under California's Private Attorney General Act of 2004 (PAGA). Employer successfully petitioned to arbitrate, with one exception: the trial court held that under Iskanian v. […]

Arbitration, Delegation, Arbitrability, FAA: Despite Delegation Clause, Court Decides Whether Transportation Worker’s Contract Falls Within FAA’s Ambit

January 15, 2019 · Arbitration: Arbitrator, Arbitration: Federal Arbitration Act

This Is One Of Those Rare Cases In Which A Delegation Clause Is Not Enforced. Generally, a court will decide arbitrability of a dispute unless that issue is clearly and unmistakably delegated to an arbitrator, as was the case here. But there are exceptions, and New Prime Inc. v. Oliveira (S. Ct. 1/15/19) […]

Arbitration, Gateway Issues: SCOTUS Holds That When Parties Agree Arbitrator Will Resolve Arbitrability Question, There Is No “Wholly Groundless” Exception Allowing Question To Be Decided By Court

January 9, 2019 · Arbitration: Delegation, Arbitration: Federal Arbitration Act, Arbitration: Gateway Issues

First SCOTUS Opinion Authored By Justice Kavanaugh Is Unanimous. "Under the Federal Arbitration Act, parties to a contract may agree that an arbitrator rather than a court will resolve disputes arising out of the contract." The question presented in Henry Schein, Inc., et al. v. Archer and White Sales, Inc., No. 17-1272 (S. […]

Arbitration, Class, Pending Cases: SCOTUS Case May Decide Whether Arbitration Clause Allowed For Class Arbitration

October 23, 2018 · Arbitration: Class, Pending Cases

The Case Is Lamps Plus Inc. v. Varela. Yesterday, I posted about three arbitration cases pending before the Supreme Court, one of which is Lamps Plus Inc. v. Varela. Charlotte Garden, Co-Associate Dean For Research and Faculty Development, and Associate Professor at the Seattle University School of Law, has drilled down with a preview of […]

Arbitration, Gateway Issues, Delegation, Pending Cases, FAA: We Are Watching Three Cases Pending Before SCOTUS

October 22, 2018 · Arbitration: Delegation, Arbitration: Federal Arbitration Act, Arbitration: Gateway Issues, Pending Cases

Federal Arbitration Act Cases Pending Before SCOTUS Present Issues of Interpretation Of FAA, And Who Decides Gateway Issues. Henry Schein, Inc. v. Archer & White Sales Inc., scheduled to be argued in November, presents as an issue whether judge or arbitrator decides the gateway issue of arbitrability. The general rule is that the […]

Pending Cases, Federal Arbitration Act, Delegation: New Prime v. Oliveira Is Scheduled For SCOTUS Oral Argument On October 3, 2018

October 1, 2018 · Arbitration: Delegation, Arbitration: Federal Arbitration Act, Pending Cases

Does Exemption In Section 1 Of The FAA For Workers Engaged In Interstate Commerce Apply To Independent Contractors? And Who Decides? We posted earlier about this case on February 26, 2018. The issues presented are: (1) Whether a dispute over applicability of the Federal Arbitration Act's Section 1 exemption is an arbitrability issue […]