General Business Conflict of Laws Alternative Dispute Resolution (ADR)

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Another California Court Does Backflips To Thwart Arbitration And Elevate The Class-Action Device

The hostility of some California courts to arbitration—and their resistance to preemption under the Federal Arbitration Act (FAA)—has produced nearly three decades of U.S. Supreme Court reversals. The most recent is AT&T...more

Court Sanctions Party For Improper Removal Of Action Seeking Confirmation Of Arbitration Award

The facts in Jackson v. Sleek Audio, LLC, et. al., Case No. 13-80725-CIV-Marra (S.D. Fla. March 17, 2014) stemmed from an arbitrators award against Curtis Jackson (“Jackson”) in his action against former business associates,...more

Waiting for Iskanian, Part 3 - Friends of the Plaintiff

As we await Thursday's oral argument before the California Supreme Court in Iskanian v. CLS Transportation of Los Angeles, in Part 3 of our series of posts, we'll take a look at the amici curiae supporting plaintiffs. ...more

Update on State Statutes Restricting "Out-of-State" Arbitrations - IADC ADR Committee Chair Val Stieglitz of Nexsen Pruet reports...

Congress passed the Federal Arbitration Act (FAA) in 1925 to place arbitration agreements on the same footing as other contracts.1 Under the FAA, an arbitration provision “shall be valid, irrevocable, and enforceable, save...more

Tenth Circuit Holds FAA Preempts New Mexico Unconscionability Law

New Mexico law considers arbitration provisions that apply primarily to the claims that one party to the contract is likely to bring to be unconscionable and unenforceable. This law, the Tenth Circuit holds, is preempted by...more

Tenth Circuit Holds FAA Preempts New Mexico Law On Unenforceability Of Unconscionable Arbitration Provisions

On January 28, the U.S. Court of Appeals for the Tenth Circuit held that the Federal Arbitration Act (FAA) preempts New Mexico common law that a compulsory-arbitration provision in a contract may be unconscionable and...more

“Loath to create a circuit split,” the Fifth Circuit Overturns NLRB’s D.R. Horton Ruling that Class Arbitration Waivers in...

The Fifth Circuit Court of Appeals recently rendered its long-awaited decision in D.R. Horton, Inc. v. NLRB, No. 12-60031 (5th Cir. Dec. 3, 2013), revised December 4, 2013, which reversed the National Labor Relations Board...more

Class Action Waiver in Arbitration Agreement Survives NLRA Challenge

Finding the National Labor Relations Board failed to give appropriate weight to the Federal Arbitration Act, the federal Fifth Circuit Court of Appeals overturned a Board decision invalidating an arbitration agreement that...more

Halloween Special: Scary Results If Employers Overreach In Arbitration Clauses

No haunted house can scare general counsel as much as an opinion invalidating their company’s arbitration clause and thereby allowing a class action to proceed. So, here is a Halloween tale for all to keep in mind....more

Did You Know…The Continuing Saga Of Arbitration Agreements & Unconscionability

In light of the United States Supreme Court decision in AT&T Mobility LLC v. Concepcion, the California Supreme Court recently reversed its own prior decision where it had held that an arbitration agreement that requires an...more

California Courts Rule for and against Arbitration

Two recent Ninth Circuit opinions and a California Supreme Court ruling demonstrate that the debate over the enforceability of consumer arbitration provisions is far from over. With the U.S. Supreme Court weighing whether to...more

Through the Lens of Concepcion: California Supreme Court Revisits the Validity of Agreements Requiring Employee Waiver of Wage...

Almost one year after the U.S. Supreme Court summarily vacated the original 2011 Sonic-Calabasas opinion (Sonic I), the California Supreme Court issued its opinion on remand in Sonic-Calabasas A, Inc. v. Moreno (Sonic II)....more

California Supreme Court Clarifies Application Of Supreme Court Arbitration Holdings On State Law

On October 17, the Supreme Court of California held that, while the Federal Arbitration Act (FAA) preempts a California state-law rule categorically prohibiting waiver of state pre-arbitration protections in arbitration...more

Arbitration Wars: The California Supreme Court Strikes Back In Sonic II

On October 17, 2013, the California Supreme Court revisited the enforceability of arbitration agreements in California. The Court released its decision Sonic-Calabasas Inc. v. Moreno (Sonic II). In that 5 – 2 ruling, the...more

California Confirms Preemption by FAA Over State Rule Barring Employee Waiver - Mostly

In Sonic-Calabasas A, Inc. v. Moreno (Sonic II), the California Supreme Court addressed an employee’s waiver of access to an administrative hearing, in this case a Berman hearing, in an arbitration agreement imposed as a...more

The Ninth Circuit Rules Employer’s Arbitration Agreement Unenforceable Under California Law And Cautions Employers To Ensure...

Today, the Ninth Circuit, in Chavarria v. Ralphs Grocery Company (Case No. 11-56673), issued a decision affirming the denial of Ralphs Grocery Company’s motion to compel arbitration in an action by an employee asserting...more

California Supreme Court Follows Concepcion But Allows Courts To Strike Down Unconscionable Arbitration Agreements

Sonic-Calabasas A, Inc. v. Moreno, No. S174475, (October 17, 2013): As expected following the recent decision by the Supreme Court of the United States interpreting the Federal Arbitration Act (FAA), the California Supreme...more

Round 2: Arbitration Agreements v. California Supreme Court

Why it matters: Sonic-Calabasas A, Inc. v. Moreno (“Sonic II”) presents a mixed bag for employers. While the California Supreme Court reversed itself, acknowledging that the waiver of a Berman hearing is not per se...more

California Supreme Court Grants Review in Brown

The impact of the California Court of Appeal’s recent opinion in Brown v. Superior Court, 216 Cal. App. 4th 1302 (Cal. Ct. App. 2013) is on hold, at least for now. Last week, the California Supreme Court indicated it would...more

The Next Frontier Of Arbitration Litigation: Lessons From State Courts

After reading more than 40 decisions about arbitration from state high courts, issued just in the past eight months, I have two bits of wisdom to share....more

Eleventh Cir. Applies Sutter To Affirm Class Arbitration; Ninth Cir. Applies Concepcion To Preempt Montana Law

Within weeks of its issuance, SCOTUS’s Sutter decision is already making an impact on other cases. ...more

The U.S. Supreme Court Ended the Term with an Exclamation Mark at the End of Its Statement on Class Actions and Arbitration: The...

The Supreme Court’s October 2012 Term could rightly be named “The Year of the Class Action.” The High Court received many petitions for review and ultimately issued more than five decisions that tackled issues impacting the...more

Recent Class Arbitration Decisions by Massachusetts Supreme Judicial Court and U.S. Supreme Court in Conflict

When a person agrees to a contract that prohibits class-wide proceedings — whether in court or in arbitration — can a court refuse to enforce that contract because it would make no economic sense for an individual to spend...more

That's A Spicy Meatball!

As our readers will no doubt recall, the Supreme Court boldly struck a blow for truth, justice and the American Way a few years ago in its approval of class action waivers in AT&T Mobility v. Concepcion, 131 S. Ct. 1740...more

California Courts' Split Widens on Arbitrability of PAGA Claims

Additional questions concerning the applicability of AT&T Mobility v. Concepcion to representative actions arose this week when a California intermediate court of appeals ruled that claims under the state's Private Attorneys...more

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