The background of this case in California federal court is that The Hartford (“Hartford”) issued reinsurance billings to Employers Insurance Company of Wausau (“Wausau”) for settlement payments made to one insured under...more
This matter involved a lawsuit brought in Texas federal court by a former employee (Huckaba) against Ref-Chem L.P., alleging sexual harassment, discrimination and retaliation in violation of Title VII. ...more
7/3/2018
/ Arbitration ,
Arbitration Agreements ,
Civil Rights Act ,
Discrimination ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Motion to Compel ,
Remand ,
Retaliation ,
Reversal ,
Sexual Harassment ,
Title VII
In this case, the question presented was whether a court or an arbitrator should determine whether an arbitration agreement authorizes class arbitration. The U.S. Supreme Court has not yet resolved this issue. Several circuit...more
In this case, Ritarose Capili, a sales associate, brought an action against her former employer The Finish Line, Inc. (“Finish Line”), an athletic retailer in California federal court. Finish Line made a motion to compel...more
The Sixth Circuit enforced a National Labor Relations Board’s (“NLRB”) order finding that Alternative Entertainment Inc., a Michigan-based satellite television retailer, violated the National Labor Relations Act (“NLRA”) by...more
Recently, the National Labor Relations Board (NLRB) ordered Dish Network, LLC to rescind or revise its arbitration agreement, finding that provisions in the agreement violated the National Labor Relations Act (NLRA)....more
In this case, plaintiff Aliments Krispy Kernels, a Canadian “snack purveyor,” brought suit to confirm an arbitration award it received against Nichols Farms, a pistachio grower, in New Jersey federal district court. Nichols...more
This action involved a class action suit brought in New Jersey federal court. The complaint alleged that plaintiff David Noble saw Samsung advertisements stating that the Samsung smartwatch’s battery lasted 24 to 48 hours...more
3/30/2017
/ Arbitration ,
Arbitration Agreements ,
Breach of Warranty ,
Class Action ,
Common Law Claims ,
Contract Terms ,
Negligent Misrepresentation ,
Samsung ,
Smart Devices ,
Technology Sector ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
The background of this case is as follows. State Insurance Commissioner Brian Maynard, acting as liquidator of the failed Kentucky Health Cooperative (“KYHC”), filed suit in Kentucky state court against CGI Technologies and...more
3/8/2017
/ Arbitration ,
Arbitration Agreements ,
Breach of Contract ,
Federal Arbitration Act ,
Gross Negligence ,
Insurance Industry ,
Jurisdiction ,
McCarran-Ferguson Act ,
Motion to Compel ,
Preemption ,
Subject Matter Jurisdiction
This case involves a dispute between Shandong Linglong Tire Co. Ltd., a Chinese tire manufacturer, its Thai and U.S. subsidiaries (collectively, “Linglong”) and Horizon Tire, Inc., Linglong’s U.S. distributor.
A brief...more
We previously reported on this case in our blog dated December 21, 2015. The background of the dispute is as follows. A dispute arose between an insurer and its insured under four written program agreements, each containing...more
The California Supreme Court has held that an arbitrator, rather than a court, has the power to decide whether class claims can proceed in arbitration, where the parties’ arbitration agreement is ambiguous on the question....more
8/8/2016
/ Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Contract ,
Federal Arbitration Act ,
Harassment ,
Mandatory Arbitration Clauses ,
Race Discrimination ,
Retaliation
This case arises from an appeal from an Illinois federal district court, which ruled that TransUnion, a credit reporting agency, did not give a putative class of its website users proper notice of an arbitration agreement,...more
A Colorado federal court denied a party’s motion to compel arbitration, finding that the party had previously waived its right to arbitrate the dispute by defaulting and failing to pay its share of arbitration fees in an...more