Alex Silverman on Motion to Compel

Ninth Circuit Binds Plaintiff to Arbitration Clause It Never Received, Finding Clause Was “Readily Available” and Incorporated by...

The Ninth Circuit affirmed an order granting a motion to compel arbitration and to dismiss, finding that a purchase order issued by the plaintiff to purchase goods from the defendant incorporated a binding arbitration clause...more

7/30/2019 / Arbitration , Arbitration Agreements , Binding Arbitration , Contract Terms , Corporate Counsel , Motion to Compel

Failure to Specifically Challenge “Delegation” Clause in Arbitration Agreement Means Motion to Compel Arbitration “Must Be...

The plaintiff sued his former employer for discrimination, retaliation, hostile work environment, and violations of the Missouri Human Rights Act. The defendant moved to compel arbitration based on the parties’ Mutual...more

7/10/2019 / Arbitration , Arbitration Agreements , Contract Terms , Delegation Clauses , Employer Liability Issues , Employment Contract , Employment Discrimination , Employment Litigation , Hostile Environment , Motion to Compel , Retaliation

District Court Grants Motion to Compel Arbitration, Finding Arbitration Provision Not Severable From Allegedly Void Contract

A Pennsylvania federal district court granted a motion to compel arbitration pursuant to 9 U.S.C. § 4 of the Federal Arbitration Act, over objection by the defendant on severability grounds. The defendant argued that its...more

7/9/2019 / Arbitration , Federal Arbitration Act , Federal v State Law Application , Mandatory Arbitration Clauses , Motion to Compel , Reinsurance , Severability Doctrine , Unenforceable Contract Terms , Void ab initio , Void Contracts

West Virginia Supreme Court Reverses, Finds “Delegation Clause” in Employment Arbitration Agreement Neither Ambiguous nor...

Petitioners, two Rent-A-Center entities, moved to compel arbitration of a lawsuit by Anita Ellis alleging that Rent-A-Center unlawfully terminated her employment for seeking workers’ compensation benefits....more

6/18/2019 / Adverse Employment Action , Arbitration , Contract Terms , Delegation Clauses , Employer Liability Issues , Employment Contract , Employment Litigation , Hiring & Firing , Motion to Compel , Retaliation , Reversal , Unconscionable Contracts , Workers' Compensation Claim , Wrongful Termination , WV Supreme Court

Tenth Circuit Finds No Jurisdiction to Hear Appeal of District Court Stay Order While Motion to Compel Arbitration Is Pending in...

The plaintiff sued the defendants (collectively, DAL) in Colorado federal court after they denied his application for a Subway restaurant franchise....more

5/10/2019 / Appeals , Appellate Jurisdiction , Arbitration , Fast-Food Industry , Motion to Compel , Motion To Stay , Subway

Ninth Circuit Dismisses Interlocutory Appeal, Finds Order Compelling Arbitration Not a “Final Decision” Under FAA

The plaintiff filed a putative class action for alleged violations of California employment law, and the defendant moved to compel arbitration....more

3/27/2019 / Arbitration , Employment Litigation , Federal Arbitration Act , Final Judgment , Interlocutory Appeals , Labor Law Violations , Lack of Jurisdiction , Motion to Compel , Putative Class Actions , State and Local Government , State Labor Laws , Stays

U.S. Supreme Court Holds Arbitrability Questions Not Subject to A “Wholly Groundless” Exception

Archer & White Sales, Inc. (“Archer”) sued Henry Schein, Inc. (“Schein”) in federal court seeking both monetary and injunctive relief....more

1/29/2019 / 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

SDNY Compels Arbitration of Payment Obligation Dispute Under General Liability “Fronting” Policies

A New York district court has granted a motion to compel arbitration of matters arising out of general liability “fronting” policies issued by member companies of AIG. ...more

12/20/2018 / AIG , Arbitration , Commercial General Liability Policies , Fronting Policies , Insurance Claims , Insurance Litigation , Legal Costs , Motion to Compel , Reimbursements

Ninth Circuit Holds Putative Class Action ERISA Claims Fall Outside Scope of Individual Arbitration Agreements

Plaintiffs, current and former employees of the University of Southern California (“USC”), were participants in two USC-sponsored ERISA contribution plans. In order to participate in the plans, individual employees were...more

9/28/2018 / Arbitration , Arbitration Agreements , Breach of Duty , Employee Benefits , Employee Retirement Income Security Act (ERISA) , Fiduciary Duty , Motion to Compel , Putative Class Actions , Retirement Plan , University of Southern California (USC)

Fourth Circuit Finds Employer Cannot Compel Arbitration of Former Employee’s Discrimination Claims

The U.S. Court of Appeals for the Fourth Circuit recently ruled that two employment-related arbitration clauses did not “clearly and unmistakably” govern a former employee’s discrimination claims, and that the arbitrability...more

5/1/2018 / Appeals , Arbitration , Arbitration Agreements , Discrimination , Employment Litigation , Former Employee , Mandatory Arbitration Clauses , Motion to Compel , Retail Market , Summary Judgment

Seventh Circuit Reverses Order Compelling Arbitration Of Dispute Between Two Non-Signatories To Arbitration Agreement

The U.S. Court of Appeals for the Seventh Circuit recently held that state law governs whether a contract’s arbitration clause is binding on non-signatories. The dispute arises from a consumer protection action filed by the...more

3/21/2018 / Arbitration , Arbitration Agreements , Consumer Contracts , Estoppel , Franchises , Marketing , Motion to Compel , Non-Signatories , Reversal , Subway , T-Mobile , Telecommunications , Text Messages

Court Finds Confidentiality Provision In Arbitration Agreement Unconscionable, Compels Consumer Arbitration

The Eleventh Circuit has determined that a confidentiality provision in an arbitration clause was substantively unconscionable. The case involved a putative class action by David Johnson alleging that KeyBank National...more

12/4/2017 / Arbitration , Arbitration Agreements , Banking Sector , Banks , Citibank , Confidentiality Agreements , Contract Terms , Debit and Credit Card Transactions , Motion to Compel , Overdraft Fees , Putative Class Actions , Unconscionable Contracts

Fifth Circuit Finds Order Not “Final” For Purposes Of Appellate Jurisdiction

The U.S. Court of Appeals for the Fifth Circuit held that an order compelling arbitration and staying a related action was not an appealable “final decision with respect to arbitration” under the Federal Arbitration Act...more

10/24/2017 / Appeals , Arbitration , Construction Industry , Construction Project , Federal Arbitration Act , Motion to Compel

Fourth Circuit Reverses Ruling That Reinsurance Agreement Is An “Insurance Contract” Under Virginia Law

Applying the doctrine of judicial estoppel, a district court refused to compel arbitration finding that the arbitration clause in a reinsurance agreement was unenforceable under a Virginia statute that voided a mandatory...more

9/14/2017 / Arbitration , Contract Terms , Delegation Clauses , Insurance Contracts , Insurance Industry , Judicial Estoppel , Motion to Compel , Participation Agreements , Reinsurance

Alex Silverman

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