The California Supreme Court recently held in Hohenshelt v. Superior Court that the Federal Arbitration Act (FAA) does not preempt a California law that penalizes businesses that have consumer and employee arbitration...more
8/18/2025
/ Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
Arbitration Fees ,
CA Supreme Court ,
Consumer Contracts ,
Contract Terms ,
Dispute Resolution ,
Employment Contract ,
Federal Arbitration Act ,
Fees ,
Preemption ,
Statutory Interpretation
On April 15, 2025, the Ninth Circuit issued a second decision in less than two months regarding the enforceability of a “sign-in wrap agreement,” which links users to a website’s terms of service....more
5/1/2025
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Clickwrap Agreements ,
Consent ,
Contract Disputes ,
Contract Terms ,
Corporate Counsel ,
Petition For Rehearing ,
Terms of Service ,
Unenforceable Contract Terms ,
Website Design
On February 27, 2025, the Ninth Circuit affirmed the district court’s ruling in Chabolla v. ClassPass, finding that the “sign-in wrap agreement” on the ClassPass website was not an enforceable contract because it did not...more
On October 28, 2024, the Ninth Circuit affirmed the district court’s ruling in Heckman v. Live Nation, finding Live Nation’s Ticketmaster arbitration agreement unconscionable and therefore unenforceable based on their terms...more
Last week, the U.S. Supreme Court held unanimously that when an arbitration delegates gateway issues of arbitrability to the arbitator to decide, a court may not consider questions of arbitrability, even where the party...more
1/15/2019
/ 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
The U.S. Court of Appeals for the Second Circuit held that a consumer who agrees to be contacted via telephone call or text messages as bargained-for consideration in a bilateral contract cannot subsequently revoke his or her...more