There are times when one would rather not be proven right. Nearly four years ago, a California district court invalidated AB 51, which sought to prohibit mandatory arbitration by, among other things, calling for criminal...more
1/10/2024
/ Arbitration ,
Chamber of Commerce ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Mandatory Arbitration ,
Mandatory Arbitration Clauses ,
Preemption ,
State Labor Laws ,
Unenforceable Contract Terms ,
Viking River Cruises Inc v Moriana
While several recent Supreme Court decisions have garnered significant headlines, the Court’s late June ruling in Coinbase, Inc. v. Bielski, (Case No. 22-15), likely flew under the radar for the national media outlets. For...more
In a much-anticipated opinion, the Supreme Court unanimously held that a party claiming waiver of the right to arbitrate need not show prejudice, in Morgan v. Sundance, Inc., Case No. 21-328 (May 23, 2022). While the holding...more
For many years, state and federal courts in California have opposed arbitration and have manufactured frameworks under which they become unenforceable despite the clear directives of the Federal Arbitration Act (FAA) and...more
Two Centuries of Federal Precedent Given Effect -
We’ve blogged several times the ongoing saga involving AB 51, California’s attempt to prevent the mandatory arbitration of employment claims largely by sanctioning...more
A federal judge has issued a temporary restraining order halting the enforcement of Assembly Bill 51, California’s latest attempt to prevent arbitration of claims brought under the California Fair Employment and Housing Act....more
On Jan. 8, 2019, the U.S. Supreme Court issued a unanimous decision regarding an important procedural issue under the Federal Arbitration Act (FAA). In Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1272, it held...more
1/11/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Contract Terms ,
Exceptions ,
Federal Arbitration Act ,
Henry Schein Inc v Archer and White Sales Inc ,
Judicial Review ,
Motion to Compel ,
Question of Arbitrability ,
Remand ,
SCOTUS ,
Vacated ,
Wholly Groundless Doctrine
“Well, They Gave Me the Agreement in My Own Language, but I Still Didn’t Understand the English Version” doesn’t work.
The Federal Arbitration Act will turn 100 in the next few years, but despite more than nine decades of...more
With the Epic Systems case broadly supporting employers’ rights to use arbitration agreements with class waivers, what is now emerging is the result of the necessary trade-off....more
The controversy surrounding the validity of employment arbitration agreements with class action waivers has been simmering at least since 2012. Now, with the Supreme Court’s decision in Epic Systems Corp. v. Lewis, we have an...more
A recent decision from a California court of appeals reflects a growing, if at times reluctant, acceptance by California courts of employment arbitration. In Outland v. Macy’s Department Stores, Inc., Case No. A133589 (Ct....more
1/31/2013
/ Arbitration ,
AT&T Mobility ,
Class Action ,
D.R. Horton ,
D.R. Horton v NLRB ,
Federal Arbitration Act ,
Gentry ,
Macy's ,
NLRA ,
NLRB ,
Over-Time ,
Preemption ,
Rest and Meal Break
Decades ago, Congress passed the Federal Arbitration Act to combat the hostility courts showed towards arbitration agreements. Since that time, the Supreme Court has repeatedly pronounced the public policy in favor of the...more
12/17/2012
/ American Express ,
Arbitration ,
Arbitration Agreements ,
AT&T Mobility ,
Class Action ,
Class Action Arbitration Waivers ,
Federal Arbitration Act ,
Nitro-Lift Technologies ,
Non-Compete Agreements ,
Oxford Health ,
Split of Authority ,
UBS