The plaintiff sued the trustee of his retirement plan, his former employer, and others for breach of fiduciary duties in connection with the plan’s purchase of shares of the employer’s parent company for more than fair market...more
The case involved the sale of mist eliminators (demisters) from MECS Inc. to Axiall Canada Inc., an owner of a Canadian manufacturing facility. A key issue involved the terms of the parties’ contractual relationship as formed...more
The underlying dispute related to a property manager’s limitation of the appellant, Jane Doe, to one pet in her apartment. Doe sued the manager for declaratory relief, injunctive relief, monetary damages, and punitive damages...more
In a case brought under the Telephone Consumer Protection Act (TCPA), the Ninth Circuit Court of Appeals affirmed an order denying the defendant corporation’s motion to compel arbitration, which the company filed pursuant to...more
The plaintiff alleged that she was a victim of an illegal predatory loan orchestrated by the defendant’s company. The loan allegedly charged excessive interest but was shielded from U.S. law by tribal sovereign immunity....more
The plaintiff had filed a class action alleging that DIRECTV made calls to his cell phone in violation of the Telephone Consumer Protection Act. DIRECTV attempted to compel arbitration by relying on an agreement that the...more
The court considered a restaurant franchisee’s motion to compel arbitration, and motion to dismiss, or, in the alternative, stay an employee’s race discrimination and retaliation lawsuit pending the completion of arbitration....more
The delegation clause in the parties’ arbitration agreement provided that any “questions regarding the validity or enforcement of these Dispute Policies shall be delegated and submitted to the arbitrator, including whether...more
Seven plaintiffs filed a putative class action against a car rental company and its subsidiary for allegedly unauthorized charges incurred when the plaintiffs rented cars from the company....more
A former executive and in-house lawyer for the Miami Heat basketball franchise sued the team for allegedly violating her rights under the Family and Medical Leave Act when she was terminated from her employment. ...more
The dispute involved the potential trade-in of a car and the purchase of a pickup truck by two customers at a car dealership. During the course of the transaction, one of the customers signed a document that he later learned...more
A patient sued her health plan and the plan’s debt collector under various California and federal laws in connection with alleged attempts by the plan to unlawfully collect the balances of the plaintiff’s medical statements...more
2/21/2020
/ Affordable Care Act ,
Arbitration ,
Attorney's Fees ,
Billing Rates ,
Debt Collection ,
Debt Collectors ,
Fee-Splitting ,
Health Insurance ,
Insurance Litigation ,
Kaiser Permanente ,
Medical Expenses ,
Motion to Compel ,
Policy Terms ,
Preemption ,
State Health Plans ,
Unconscionable Contracts
The court granted Aetna’s motion to compel arbitration of a former employee’s age and disability wrongful termination claims that alleged violations of the Age Discrimination in Employment Act, the Americans with Disabilities...more
9/28/2019
/ ADEA ,
Aetna ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Clickwrap Agreements ,
Disability Discrimination ,
Motion to Compel ,
Stock Options ,
Unconscionable Contracts ,
Websites
In a trademark dispute, Shrinivas Sugandhalaya LLP (SS LLP), an incense manufacturing company based in Mumbai, appealed the denial of its motion to compel arbitration against Balkrishna Setty and his company Shrinivas...more
7/3/2019
/ Arbitral Authority ,
Arbitration ,
Arbitration Agreements ,
Arbitration Award Challenges ,
Federal Arbitration Act ,
International Arbitration ,
Manufacturers ,
Motion to Compel ,
New York Convention ,
Non-Signatories ,
Partnership Agreements ,
Trademark Infringement ,
Trademark Litigation
Three delivery drivers sued a transportation broker for failure to pay overtime and minimum wages, failure to provide rest and meal breaks, failure to timely pay wages upon termination, and willful refusal to pay wages on...more
The Eighth Circuit affirmed an order compelling arbitration in a case filed by a volunteer concession worker against an operator of concessions at a sports stadium in St. Louis. The concession worker had volunteered to work...more
The Ninth Circuit issued two similar opinions arising out of Samsung’s appeals of orders denying arbitration in two putative class actions filed against it. The claims against Samsung allege that the smartphone maker...more
2/22/2017
/ Arbitration ,
Cell Phones ,
Class Action ,
Contract Terms ,
Mandatory Arbitration Clauses ,
Mobile Devices ,
Motion to Compel ,
Samsung ,
Smartphones ,
Technology ,
Telecommunications ,
Warranties ,
Wireless Devices ,
Wireless Industry ,
Wireless Technology
Applied Underwriters Captive Risk Assurance Company appealed from the denial of its motion to compel arbitration in a dispute related to a reinsurance participation contract with South Jersey Sanitation Company. The trial...more
11/29/2016
/ Appeals ,
Arbitration ,
Federal Arbitration Act ,
Insurance Industry ,
Insurance Litigation ,
Mandatory Arbitration Clauses ,
McCarran-Ferguson Act ,
Motion to Compel ,
Policy Terms ,
Preemption ,
Reinsurance
Two purported class representatives appealed an order compelling arbitration in their putative class action lawsuit against Amazon Services, LLC. The court affirmed, holding that the named plaintiffs agreed to Amazon’s...more
The underlying dispute involved allegations of breach of warranty and deceptive trade practices based on a sale of an allegedly defective car. The Fifth Circuit explained that the FAA, which governed the alleged arbitration...more
A borrower had previously entered into three payday loan agreements that contained arbitration provisions mandating that all claims be arbitrated in the National Arbitration Forum (NAF), and under the Code of Procedure of the...more
10/20/2016
/ Arbitration ,
Banking Sector ,
Borrowers ,
Class Action ,
Consumer Lenders ,
Federal Arbitration Act ,
Financial Institutions ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Online Marketplace Lending ,
Payday Loans
In a suit by an auto body company against a captive insurance company for rescission of certain workers compensation reinsurance participation agreements, for disgorgement of $70,000 paid thereunder, and for fraud, breach of...more
10/18/2016
/ American Arbitration Association ,
Arbitration ,
Arbitration Agreements ,
Auto Body Shop ,
Breach of Contract ,
Captive Insurance Company ,
Disgorgement ,
Fraud ,
Insurance Industry ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Participation Agreements ,
Reinsurance ,
Rescission ,
Unfair or Deceptive Trade Practices ,
Workers' Compensation Claim
The Ninth Circuit recently reversed a trial court for compelling arbitration without issuing an order that (1) made “the necessary factual findings as to the parties’ communications,” (2) determined “the law applicable to...more
The class action was brought by Verizon subscribers against a “targeted advertising” company business partner of Verizon (Turn, Inc.) for deceptive trade practices under New York law. Plaintiffs alleged that Turn violated...more
A court refused to compel arbitration in a dispute surrounding the cancellation of and failure to pay life insurance benefits under a debtor group life insurance policy. The relevant note and insurance policy did not contain...more