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Arbitration Agreements › Appellate Courts › Arbitration

Troutman Pepper

Seventh Circuit Provides “How To” Successfully Present Consumer Arbitration Agreements

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A recent ruling by the U.S. Court of Appeals for the Seventh Circuit affirming a decision compelling arbitration provides a “how to” guideline for using online terms and conditions to form a binding agreement....more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts – January 2024

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The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more

Proskauer - California Employment Law

January 2024 California Employment Law Notes

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A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more

Fisher Phillips

SCOTUS Predictions: Divided Court Will Reach Close Decision in Critical Arbitration Case

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Employers that face lawsuits from employees often seek to move such claims from the courthouse to arbitration. But what happens if the trial court refuses to compel arbitration and the employer appeals the decision? Should...more

Fox Rothschild LLP

Appellate Division Rules That A Court Cannot Compel Arbitration on Get Issue Absent Agreement

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Get refusal is an issue to which secular courts have yet to find an adequate solution because of constraints implicating freedom of religion and the state’s prohibition against entanglement with religious doctrine. In New...more

Hinshaw & Culbertson LLP

A Bronx Tale: A New York State Trial Judge Calls Out New York State's Long-Standing Heightened Standard of Proving the Making of...

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The Bronx, where I came of age and grew into young adulthood, is well-known for the scrap of its residents. That can also be said of its judiciary. On December 20, 2022, in Wu v. Uber Techs., Inc.,[i] the New York State...more

Bradley Arant Boult Cummings LLP

Attacks on Contract’s Validity are Likely Insufficient to Overcome the Binding Effect of the Contract’s Arbitration Provision

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A recent opinion from the Court of Appeals of Georgia illustrates that contracts entered into with an unlicensed contractor, which are often unenforceable by an unlicensed contractor under many states’ laws, likely will not...more

Morrison & Foerster LLP - Left Coast Appeals

This Week in the Ninth: Formation Trials and Tribal Corporations

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This week, we take a look at a Ninth Circuit decision navigating the intricacies of appellate review of interlocutory arbitration orders, and another exploring the difference between a federally chartered tribal corporation...more

Porter Hedges LLP

If You Seek To Limit The Authority Of Your Arbitrators, Your Arbitration Clause Must Be Clear

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In 2020, the Fifth Circuit Court of Appeals issued its decision in Soaring Wind Energy LLC (SWE) v. CATIS USA Inc., et al. In that case, the various members of a limited liability company (LLC) entered into an agreement to...more

Fox Rothschild LLP

If You Want A Right To Appeal An Arbitration Award, Build It Into Your Arbitration Agreement

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Many people opt for binding arbitration because it is supposedly faster and cheaper, and binding – thus final. Some people have to arbitrate their matters that they cannot settle amongst themselves, because there are issues...more

Constangy, Brooks, Smith & Prophete, LLP

Arbitration Provision In Plan Provider Agreement May Be Enforceable, California Court Says

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A California appeals court has ruled that an arbitration provision in a plan provider agreement was enforceable as “Step Two” of its dispute resolution process. In Epstein v. Vision Service Plan, optometrist Gordon Epstein...more

Morrison & Foerster LLP - Class Dismissed

Arbitrating Arbitrability: Three Recent Appellate Decisions On Delegation Clauses In Arbitration Agreements

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This summer, we discussed that the Supreme Court is reviewing whether an arbitration agreement’s clear delegation of the question of arbitrability to the arbitrator can be negated by a provision that exempts certain claims...more

Jackson Lewis P.C.

No Initials, No Problem: California Court Of Appeal Holds Failure to Initial Not Enough To Prevent Arbitration

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“What if neither party to an arbitration agreement places initials next to a jury waiver contained in the agreement, even though the drafter included lines for their initials?” asked the California Court of Appeal in Martinez...more

ArentFox Schiff

California Employers Must Promptly Seek Arbitration of Labor Commissioner Claims in Court

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When California employers have arbitration agreements with employees, those agreements may encompass a dispute concerning wages. If an employee sues for wages, the employer can petition the court to compel arbitration based...more

Flaster Greenberg PC

Trends in Arbitration Agreements

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The New Jersey Supreme Court in late November 2019 heard oral argument in Flanzman v. Jenny Craig, Inc., 456 N.J. Super. 613 (App. Div. 2018), cert. granted, 237 N.J. 310 (2019), in which the Appellate Division boldly refused...more

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