Appeals, Split of Authority, Arbitration Agreements

Another Day, Another Dispute Between Appellate Courts Over Employment Arbitrations

Ervin Cohen & Jessup LLP on 4/1/2025

The case of Parra Rodriguez v. Packers Sanitation Services LTD., LLC typifies the reason employers and employment counsel must stay on top of arbitration case developments....more

Equitable Estoppel Can Be Invoked By a Non-Signatory Joint Employer to Compel Arbitration

Ervin Cohen & Jessup LLP on 2/12/2025

Tell me if you have heard this one before: ten companies are sued by a former employee as “joint employers”, even though the employee technically worked for, and signed a binding arbitration agreement with, only one of them....more

In Big Win for Employers, U.S. Supreme Court Rules Court Proceedings Must Be Stayed During Appeal Over Arbitration

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/26/2023

On June 23, 2023, the Supreme Court of the United States held district court proceedings must be put on hold during an appeal on the question of whether claims are subject to arbitration. The ruling is a big win for...more

Ninth Circuit Upholds Portions of California Law Prohibiting Use of Mandatory Arbitration Agreements

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/17/2021

In a split 2-1 decision that likely raises more questions than it answers, the Ninth Circuit Court of Appeals cast some doubt upon the ability of employers to implement mandatory arbitration agreements with their employees....more

Enka v Chubb: U.K. Supreme Court Rules on Law Governing Arbitration Agreements

WilmerHale on 10/14/2020

On 9 October 2020, the U.K. Supreme Court in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb [2020] UKSC 38 ruled on the English law approach to determining the law governing an arbitration agreement. The Supreme...more

Sixth Circuit Changes Landscape of Discovery in Aid of International Commercial Arbitration

McDermott Will & Schulte on 12/18/2019

There has been considerable debate about what qualifies as a “tribunal” under 28 U.S.C. § 1782(a), which enables courts to order discovery from a party or non-party for use in a proceeding before “a foreign or international...more

Sixth Circuit Permits U.S.-Style Discovery in Aid of International Commercial Arbitration Under Section 28 U.S.C. § 1782

White & Case LLP on 10/2/2019

On September 19, 2019, the United States Court of Appeals for the Sixth Circuit rendered a landmark decision which recognized that district courts within the Sixth Circuit can order discovery under 28 U.S.C. § 1782 for use in...more

First Circuit Applies FAA Transportation Worker Exception to Independent Contractors

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/8/2017

The First Circuit Court of Appeals, in a case of first impression, recently issued an important ruling that will have a major impact on transportation companies using arbitration agreements in the states and territories...more

Ninth Circuit: Arbitration Agreements Cannot Require Employees to Individually Arbitrate Claims in Separate Proceedings

Morgan Lewis on 9/1/2016

The Ninth Circuit is the latest court to consider the NLRB’s position that class and collective action waivers violate the NLRA; here, the court ruled that an arbitration agreement that completely prevents employees from...more

Ninth Circuit Strikes Down Class Action Waivers In Employment Arbitration Agreements

Allen Matkins on 8/31/2016

On August 22, 2016, the U.S. Court of Appeals for the 9th Circuit (which covers California) struck down a "concerted action waiver" (i.e., a waiver of class, collective or other group actions) in an arbitration agreement....more

Score One for the NLRB: Seventh Circuit Becomes First Federal Appeals Court to Hold that Class/Collective Action Waivers in...

Mintz - Employment Viewpoints on 6/3/2016

The Seventh Circuit recently became the first federal appellate court to say that employers can’t prevent class/collective actions through waivers in mandatory arbitration agreements, holding that such waivers interfere with...more

Ninth Circuit Blesses Iskanian

Sheppard Mullin Richter & Hampton LLP on 10/2/2015

On September 28, 2015, the Ninth Circuit Court of Appeals issued a 2-1 decision in the long-awaited case of Sakkab v. Luxottica Retail North America, Inc. (No. 13-55184, D.C. No. 3:12-cv-00436-GPC-KSC) (“Sakkab”). The Court...more

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