Tag: SCOTUS

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, 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) […]

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 […]