News & Analysis as of

Appellate Courts Arbitration

Proskauer - California Employment Law

“Headless” PAGA Action May Proceed In Court

CRST Expedited, Inc. v. Superior Court, 2025 WL 1874891 (Cal. Ct. App. 2025) - Espiridion Sanchez filed this PAGA action against his former employer on behalf of himself and other allegedly “aggrieved employees.”...more

CDF Labor Law LLP

CA’s Fifth Appellate District Wades Into “Headless” PAGA Debate

CDF Labor Law LLP on

While we are waiting for the CA Supreme Court in Leeper v. Shipt to address whether “headless” PAGA claims (i.e., where PAGA representative plaintiffs disavow the “individual” portion of a PAGA claim) are a permissible end...more

Kennedys

Appellate Court of Illinois decision reminds insurers to communicate with insureds or face potential consequences: Estoppel of...

Kennedys on

The Appellate Court of Illinois recently reminded insurers that they may be estopped from raising coverage defenses through their misleading acts or statements, including silence. In Monroy-Perez v. Sentry Select Ins. Co.,...more

Carlton Fields

Florida Appeals Court Decisions Week of July 14 - 18, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Walmart v. King - APA, ALJs, constitutional challenge - Gray v. Birchfield - employment, harassment, punitive damages, assault, battery - USA v. Rowe - prior panel precedent...more

Jenner & Block

US Supreme Court Rejects Heightened Standard for International Arbitration Award

Jenner & Block on

On June 5, 2025, the US Supreme Court held, in a unanimous decision, that civil litigants in US courts seeking to enforce an arbitration award against foreign nations or instrumentalities do not need to meet a higher standard...more

Seyfarth Shaw LLP

PAGA Paraphrased – CRST Expedited, Inc. v. Super. Ct.

Seyfarth Shaw LLP on

The Fifth District Court of Appeal held that under pre-reform PAGA, headless PAGA actions in which plaintiffs seek civil penalties only on behalf of other employees and not for violations they personally experienced are...more

Carlton Fields

Florida Appeals Court Decisions Week of July 7 - 11, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Heid v. Rutkoski - § 1983, qualified immunity - Nalco v. Bonday - arbitration, vacatur - Sunshine State v. US CIS - immigration, EB-5, annual fee, retroactivity ...more

Bressler, Amery & Ross, P.C.

Yes, an Arbitrator Can Exceed Their Powers in the Eleventh Circuit

The reports of the death of Section 10 of the FAA may have been greatly exaggerated. Thursday, a majority of the Eleventh Circuit held in Nalco Co. LLC v. Bonday that an arbitration award was subject to vacatur under Section...more

Carlton Fields

Florida Appeals Court Decisions Week of June 30 - July 3, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Lamonaco v. Experian - arbitration - Labriola v. Miami-Dade - employment, First Amendment - Wood v. Fla DOE - school, transgender, § 1000.071, First Amendment - USA v....more

McGlinchey Stafford

5th Circuit Reminder: Forum Selection Clause Cannot Strip a Federal Court of Jurisdiction

McGlinchey Stafford on

The 5th Circuit recently reversed a district court’s decision to remand a case before ruling on a pending motion to compel arbitration. This is because the remand motion did not challenge the district court’s jurisdiction;...more

Kohrman Jackson & Krantz LLP

Ohio Supreme Court Reinforces the “Party Presentation Principle"

On May 28, 2025, the Supreme Court of Ohio passed on an opportunity to settle a long-standing legal question: Does Ohio law require a trial court to conduct an oral hearing before compelling arbitration under R.C. 2711.03?...more

Carlton Fields

Florida Appeals Court Decisions Week of June 9 - 13, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Scott v. Miami - probable cause - USA v. Ferretiz-Hernandez - immigration, reentry prohibition, constitutionality - Jekyll Island v. Polygroup Macau - personal jurisdiction,...more

Baker Donelson

U.S. Fifth Circuit Firmly Shuts Courthouse Doors on Petitions to Vacate Arbitration Awards for "Manifest Disregard of the Law"

Baker Donelson on

The U.S. Court of Appeals for the Fifth Circuit in United States Trinity Energy Services., L.L.C. v. Southeast Directional Drilling, L.L.C., 135 F.4th 303 (5th Cir. 2025) ruled that "manifest disregard of the law" is not a...more

McGlinchey Stafford

Ohio Supreme Court Holds Hearing on Arbitration Not Required if Parties Do Not Request It

McGlinchey Stafford on

In a unanimous opinion, the Ohio Supreme Court held that a trial court is not required to first hold an oral hearing on a motion to compel arbitration under Ohio’s Arbitration Act (R.C. 2711 et. seq.) if no party requests a...more

Sheppard Mullin Richter & Hampton LLP

Will the California Supreme Court Put the Heads Back on Headless PAGA Suits?

Since our last coverage of “headless PAGA lawsuits”—i.e., lawsuits in which a plaintiff disavows his individual PAGA claim and opts to pursue the claim only on behalf of others—significant developments have further...more

Carlton Fields

Florida Appeals Court Decisions Week of May 19 - 23, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Middleton v. Hollywood Reporter - defamation, California limitations - Merritt Island Woodwerx v. Space Coast CU - arbitration - USA v. Doe - immigration, removal, failure to...more

Blank Rome LLP

Pay Up or Lawsuit Up: The 30-Day Countdown That’s Fueling Arbitration Disputes

Blank Rome LLP on

Online businesses are increasingly facing a wave of arbitration demands under the California Invasion of Privacy Act (“CIPA”) and similar laws. Enterprising law firms have been at the forefront of this trend, filing claims on...more

Husch Blackwell LLP

Fifth Circuit: "Manifest Disregard of the Law" Cannot Be Grafted to FAA as a Basis for Vacatur of Arbitration Award

Husch Blackwell LLP on

In affirming a district court’s denial of a petition to vacate an arbitration award, the U.S. Court of Appeals for the Fifth Circuit recently rejected the argument “that manifest disregard of the law remains viable as an...more

Tucker Arensberg, P.C.

Third Circuit Validates Pension Plan’s Right to Revise Withdrawal Liability Assessment and Its Enforcement in Federal Court

Tucker Arensberg, P.C. on

In Central States, Se. & W. Areas Pension Fund v. Laguna Dairy, S. de R.L. de C.V., No. 23-3206 (3d Cir. 2025 Mar. 27, 2025), the United States Court of Appeals for the Third Circuit (“Third Circuit”) reversed the district...more

Proskauer - California Employment Law

When Headless PAGAs Attack!

As we reported here, a split in authority has developed in the California Court of Appeal regarding what to do when an employer moves to compel arbitration of a Private Attorneys General Act (PAGA) that is “headless”—that is,...more

Carlton Fields

Florida Appeals Court Decisions Week of April 7 - 11, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Bilotti v. Fla DOC - postconviction relief - DeMarcus v. Univ of S Ala - Title IX, § 1983, volleyball coach, mistreatment - Joseph v. Bd of Regents Univ Ga - en banc denial,...more

Robinson Bradshaw

Say the Magic Word: Fourth Circuit Imposes High Standard for Showing that Federal Statute Precludes Enforcement of Agreement to...

Robinson Bradshaw on

A recent Fourth Circuit decision extends the trend of cases refusing to use federal statutes to invalidate arbitration agreements waiving the right to bring class claims in federal court. The statute at issue in Espin v....more

Saiber LLC

The Saiber Construction Law Column: April 2025

Saiber LLC on

New Jersey law recognizes that the voluntary arbitration of civil disputes is generally favored, subject to certain exceptions. One exception occurs when a party to a contract containing an arbitration waives its right to...more

Fox Rothschild LLP

The U.S. Supreme Court Decides that Federal Courts Should Stay, Rather than Dismiss, Cases that Are Subject to Arbitration, If One...

Fox Rothschild LLP on

In May 2024, the U.S. Supreme Court decided an issue that has divided the federal courts of appeals. When the claims at issue in a federal court suit are subject to arbitration, does the court have authority to dismiss the...more

Ervin Cohen & Jessup LLP

Another Day, Another Dispute Between Appellate Courts Over Employment Arbitrations

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

89 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide