This week, the Court addresses a plaintiff’s ability to opt out of an arbitration provision after the district court has compelled arbitration and considers a court’s power to award fees under the Americans with Disabilities...more
This week, the Court addresses whether a court or an arbitrator must consider a sovereign immunity defense to arbitration, and applies the False Claims Act to a defendant’s allegedly fraudulent Medicare billing practices. ...more
This week, the Ninth Circuit considers a challenge to the constitutionality of the FAA’s regulations governing drug and alcohol testing for air-carrier employees, and it wrestles with difficult choice-of-law questions...more
7/9/2021
/ Administrative Law Judge (ALJ) ,
Arbitration Agreements ,
Choice-of-Law ,
Drug Testing ,
Due Process ,
Employment Policies ,
Equitable Estoppel ,
Federal Arbitration Act ,
Federal Aviation Administration (FAA) ,
Foreign Arbitral Awards ,
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC ,
Non-Signatories ,
Transportation Industry
This week, we take a look at a Ninth Circuit decision navigating the intricacies of appellate review of interlocutory arbitration orders, and another exploring the difference between a federally chartered tribal corporation...more
6/18/2021
/ Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
Excise Tax ,
Federal Arbitration Act ,
Genuine Issue of Material Fact ,
Motion to Compel ,
Preemption ,
Sovereign Immunity ,
Tax Injunction Act ,
Tribal Corporations ,
Tribal Governments
This week, the Ninth Circuit simultaneously issued two decisions addressing the circumstances in which equitable estoppel can require a plaintiff to arbitrate a claim absent an arbitration agreement with the defendant. In the...more
This week, we take a look at an opinion examining whether the Department of Labor can be held to workers’ arbitration agreements, and a decision considering whether courts have jurisdiction to issue declaratory judgments...more
This week, we take a look at one Ninth Circuit decision exploring the enforceability of an arbitration clause precluding a party from acting as a “private attorney general,” and another addressing whether the Fair Housing...more
This week at This Week, we take a look at two cases that divided the panels deciding them. In the first, the Ninth Circuit (splitting from the Fourth) held an arbitration clause the plaintiff had signed with a third party to...more
A federal district court found that the new California law barring mandatory employment arbitration agreements is preempted by the Federal Arbitration Act (FAA). The court granted the challengers’ motion for preliminary...more
2/18/2020
/ Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Preemption ,
Preliminary Injunctions ,
State Attorneys General ,
State Bans ,
State Labor Laws ,
Trial Court Orders ,
TRO