Issues surrounding unconscionability and severance are commonplace in motions to compel arbitration, especially in California. Under California Civil Code section 1670.5, a court has three options when presented with an...more
The Ninth Circuit concluded that arbitration agreements were enforceable in two opinions that addressed three significant arbitration issues: (1) the standards applicable to the mutual assent analysis in online transactions;...more
In a short but unanimous opinion, the Supreme Court resolved a Circuit split by confirming that district courts have no discretion under section 3 of the Federal Arbitration Act (FAA) to dismiss litigation. Rather, the...more
The American Arbitration Association (“AAA”) has enacted new Mass Arbitration Supplementary Rules, as well as a new fee schedule, that went into effect on January 15, 2024. The AAA defines “mass arbitration” as: (1)...more
Takeaway: The Ninth Circuit ruled that a defendant can waive its right to compel absent class members to arbitrate by failing to assert that right early in class litigation—even if there is no arbitration agreement with the...more