John Lewis on Federal Arbitration Act

Coinbase Inc. v. Bielski - Supreme Court Holds Oral Argument on the Issue of Whether an Interlocutory Appeal of the Denial of a...

The Coinbase case involves a joint petition for writ of certiorari that could have a major impact on motions to compel arbitration under the Federal Arbitration Act (FAA). Coinbase, Inc. v. Bielski, Case No. 22-105 (oral...more

3/27/2023 / Appeals , Arbitration , Automatic Stay , Coinbase , Crypto Exchanges , Cryptocurrency , Federal Arbitration Act , Interlocutory Appeals , Motion to Compel , Petition for Writ of Certiorari , SCOTUS , Stays

A Recent DoorDash Opinion Addresses Several Pivotal Arbitration Issues

Two DoorDash delivery drivers filed a class action against the company and two of its employees alleging violations of federal and state wage and hour laws. After removal of the case to the Southern District of New York, the...more

1/24/2023 / Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , DoorDash , Federal Arbitration Act , Independent Contractors , Motion to Compel , Service Contracts , Unenforceable Contract Terms

Second Circuit Again Considers if Bakery Goods Drivers Are Excluded Under the FAA Because They Are “Transportation Workers”. The...

While the Supreme Court’s opinion in Southwest Airlines Co. v. Saxon, 142 S. Ct. 1783 (2022), brought needed clarity to the analysis of the class of workers excluded as “transportation workers” by the residual clause of the...more

10/7/2022 / Arbitration , Arbitration Agreements , Commercial Truck Drivers , Delivery Drivers , Distributors , Drivers , Fair Labor Standards Act (FLSA) , Federal Arbitration Act , Independent Contractors , Putative Class Actions , Southwest Airlines , Transportation Industry , Unjust Enrichment , Unpaid Wages

Supreme Court Resolves Whether an Airline Ramp Supervisor Falls Within the Transportation Worker Exemption of the FAA

For years courts have been struggling to determine the proper application of the Section 1 exemption of the Federal Arbitration Act (FAA). See 9 U.S.C. § 1. Now the U.S. Supreme Court has brought some clarity to the analysis....more

6/9/2022 / Airlines , Arbitration , Arbitration Agreements , Exemptions , Fair Labor Standards Act (FLSA) , Federal Arbitration Act , Interstate Commerce , Putative Class Actions , SCOTUS , Southwest Airlines , Wage and Hour

The Vote is In, FAA Sections 9 And 10 Do Not Provide “Look-Through” Jurisdiction to Confirm or Modify Arbitral Awards

Our prior blog articles predicted that the outcome in Badgerow v. Walters, No. 20-1143, might turn on whether the plain text of the Federal Arbitration Act (FAA) or its purposes would prevail. See our June 16 and Nov. 9, 2021...more

4/6/2022 / Arbitration , Arbitration Agreements , Arbitration Awards , Federal Arbitration Act , Federal Jurisdiction , SCOTUS , Subject Matter Jurisdiction

The Fifth Circuit Now Considers Who Are ‘Parties’ in an FAA Action to Compel Arbitration

In two prior blogs, we have focused on a dispute over federal court jurisdiction to confirm or vacate an arbitration award under Section 9 and Section 10 of the Federal Arbitration Act (FAA). The dispute resulted in a Fifth...more

11/24/2021 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Jurisdiction

The Supreme Court Argument Only Underscored the Complexities of Federal Court Jurisdiction Over Arbitration Awards

One might expect that the plain text of a statutory provision would be in line with the overall goal of the law. But when that statute is the Federal Arbitration Act (FAA), it’s not necessarily the case. And many people even...more

11/11/2021 / Arbitration , Arbitration Agreements , Arbitration Awards , Federal Arbitration Act

While the Ninth Circuit Added Clarity in Its Recent Uber Opinion, Legislative Challenges to Mandatory Arbitration May Be Ahead

A U.S. Court of Appeals for the Ninth Circuit panel ruled that Uber Technologies drivers don’t fall within the Section 1 exemption of the Federal Arbitration Act (FAA) to mandatory arbitration because they are not a class of...more

8/11/2021 / Arbitration , Class Action , Employee Definition , Federal Arbitration Act , Uber

Arbitration Agreement with Conflicting Provision in Two Languages Saved by FAA Default Rule

The California Court of Appeal for the Second Appellate District recently added clarity to a somewhat puzzling trial court decision that had sent an employment dispute to nonbinding arbitration. See Western Bagel Co. Inc. v....more

7/23/2021 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Putative Class Actions

Has the 11th Circuit Clarified the Transportation Worker Exemption of the FAA or Just Created a Circuit Split?

In a published June 22 opinion, the Eleventh Circuit laid out a clear test for the Federal Arbitration Act (FAA) Section 1 exemption. It answered the reoccurring question “Who is a transportation worker?” See Hamrick v....more

7/20/2021 / Arbitration , Class Action , Dispute Resolution , Federal Arbitration Act

The Supreme Court Now To Determine the Boundaries of Federal Court Jurisdiction Over Federal Arbitration Act Proceedings

The U.S. Supreme Court has now granted certiorari to decide if federal courts have subject matter jurisdiction to confirm or vacate an arbitration award under the Federal Arbitration Act (FAA), Sections 9 and 10. 9 U.S.C. §§...more

6/17/2021 / Arbitration , Arbitration Awards , Certiorari , Corporate Counsel , Federal Arbitration Act , Financial Industry Regulatory Authority (FINRA) , SCOTUS , Subject Matter Jurisdiction

Order Sending Former Mail Sorter to Arbitration Teaches Some Lessons About Who Is a Transportation Worker and Agreement Coverage

Since 2019, we have been tracking the decisions struggling to interpret the scope of the Federal Arbitration Act (FAA) Section 1 exemption for transportation workers. In other words, we’ve looked at who qualifies as a...more

3/2/2021 / Arbitration , Arbitration Agreements , California , Employees , Federal Arbitration Act , Transportation Industry

Food Delivery Driver Opinion Sheds More Light on the FAA Exemption and Use of CPR Arbitration Rules

Plaintiff Jacob McGrath filed a nationwide Fair Labor Standards Act (FLSA) action ultimately involving approximately 4,000 food delivery drivers for DoorDash Inc. alleging that the drivers, known as “Dashers,” were...more

11/12/2020 / American Arbitration Association , Class Action , Delivery Drivers , DoorDash , Fair Labor Standards Act (FLSA) , Federal Arbitration Act , Independent Contractors

Who Is ‘Engaged in Commerce’ Under FAA Section 1? Not Food Delivery Drivers

Certain Grubhub Inc. delivery drivers brought two putative collective and class actions asserting that they were misclassified as independent contractors, resulting in both federal and state wage and hour violations....more

8/7/2020 / Class Action , Delivery Drivers , Federal Arbitration Act , Interstate Commerce

Another Court Rules on When Ride-Sharing Drivers Are Exempt From Arbitration

In this time of concern regarding the COVID-19 pandemic, there are other challenges still confronting companies. One involves the standard for enforcing arbitration agreements involving transportation workers. Or, stated...more

4/6/2020 / Arbitration , Automobile Passengers , Categorical Exemptions , Class Action Arbitration Waivers , Coronavirus/COVID-19 , Corporate Counsel , Delivery Drivers , Drivers , Federal Arbitration Act , GrubHub , Interstate Commerce , New Prime v Oliveira , Ridesharing , Small Business , Transportation Industry , Uber

District Court Preliminarily Enjoins Enforcement of California’s A.B. 51 Anti-Arbitration Law

Since Oct. 11, 2019, we have been blogging about California’s new anti-arbitration law and the injunctive action filed before Chief District Judge Kimberly J. Mueller to enjoin it....more

2/4/2020 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Preliminary Injunctions , State Labor Laws

Update on the TRO Issued in the Case Involving California’s AB 51 Anti-Arbitration Law

On Jan. 10, 2020 Chief District Judge Kimberly J. Mueller further defined the scope, issues and duration of the Temporary Restraining Order (TRO) she initially issued on Dec. 30, 2019....more

1/17/2020 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Mandatory Arbitration Clauses , State Labor Laws , TRO

District Court Temporarily Enjoins Enforcement of California’s AB 51 Anti-Arbitration Provision

A federal judge has issued a temporary restraining order halting the enforcement of Assembly Bill 51, California’s latest attempt to prevent arbitration of claims brought under the California Fair Employment and Housing Act....more

12/31/2019 / Arbitration , Arbitration Agreements , Federal Arbitration Act , FEHA , Mandatory Arbitration Clauses

California Enacts Anti-Arbitration Legislation, but Will the FAA Limit Its Potential Impact? Not Entirely.

On Oct. 10, California Governor Gavin Newsom signed into law an attempt by California’s Legislature to limit arbitration of claims under California’s Fair Employment and Housing Act (“FEHA”). ...more

10/14/2019 / Arbitration , Arbitration Agreements , Federal Arbitration Act , FEHA , Labor Code , Preemption

Third Circuit Opinion Involving Uber Only Adds More Questions to the Dispute Over the Scope of the FAA Section 1 Residual Clause

Recent decisions have cast doubt on the enforcement of arbitration clauses in the context of the interstate transportation of goods, but will those limitations extend to the transportation of passengers? ...more

9/16/2019 / Arbitration , Federal Arbitration Act , Residual Clause , Uber

NY Law Doesn’t Prevent Arbitration of Sexual Harassment Claims

Recent New York legislation in reaction to the #MeToo movement has sought to limit or foreclose arbitration of employment-related disputes. See N.Y. C.P.L.R. § 7515 (“§ 7515”) and its June 19, 2019, amendment, bill...more

7/2/2019 / Arbitration , Arbitration Agreements , Employer Liability Issues , Federal Arbitration Act , Preemption , Sexual Harassment , State Labor Laws

Can Delivery Drivers Be Compelled to Arbitrate After New Prime? New Jersey Appellate Courts Seem to Take Conflicting Positions

After New Prime v. Oliveira, 139 S. Ct. 532 (2019), many wondered if state arbitration law could be applied when transportation workers were found to be exempt from the Federal Arbitration Act (FAA) based on § 1. ...more

6/11/2019 / Arbitration Agreements , Delivery Drivers , Federal Arbitration Act , Motion to Compel , New Prime v Oliveira

Recent Decisions Don’t Provide Useful Guidance on Tests for the FAA Exemption of Transportation Workers

Sometimes being right is not a virtue, especially when it comes to the Federal Arbitration Act § 1 exemption. We predicted uncertainty after the New Prime v. Oliveira decision and got it....more

4/30/2019 / Arbitration Agreements , Employment Contract , Federal Arbitration Act , Independent Contractors , Motion to Compel

SCOTUS Reverses Ninth Circuit on Proper Bases for Class Arbitrations

The U.S. Supreme Court, in a 5-4 decision, ruled that arbitration agreements must provide a “contractual basis for concluding that the part[ies] agreed to [class arbitration].” ...more

4/25/2019 / Ambiguous , Appeals , Arbitration , Arbitration Agreements , Class Arbitration , Consent , Federal Arbitration Act , Federal v State Law Application , Jurisdiction , Lamps Plus Inc v Varela , Motion to Compel , Preemption , Reversal , SCOTUS

Kentucky Rejoins the Majority – New Law Permits Mandatory Arbitration Agreements

A Sept. 27, 2018, Kentucky Supreme Court ruling found that mandatory arbitration agreements conditioned on employment were not enforceable. See Northern Kentucky Area Development District v. Snyder, No. 2017-SC-000277-DG. ...more

3/29/2019 / Arbitration , Arbitration Agreements , Employment Litigation , Federal Arbitration Act , Mandatory Arbitration Clauses

John Lewis

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