News & Analysis as of

Federal Arbitration Act

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 

Enforcing Nursing Home Arbitration Agreements Post-Kindred

Just five months ago, the U.S. Supreme Court weighed in on a nursing home arbitration dispute in Kindred Nursing Centers v. Clark. It held that the Kentucky supreme court’s rationale for not enforcing the arbitration...more

“Opt Out” Provisions May Provide Path Forward for Class-Action Waivers in Employment Contracts

by McGuireWoods LLP on

Everyone is talking about the future of class-action waivers in employment arbitration agreements after the Supreme Court launched its new term this month with oral argument in three closely-watched cases—National Labor...more

Supreme Court Appears Split on Class Action Waivers in Employee Arbitration Agreements

by Baker Donelson on

On Monday, October 2, 2017, the U.S. Supreme Court heard oral argument in three cases involving the enforceability of employee arbitration agreements that include class/collective action waivers. Since January when the...more

Supreme Court to Resolve Current Split of Authority Over Enforceability of Class Action Waivers Contained in Mandatory Arbitration...

by Snell & Wilmer on

Many employers have implemented mandatory arbitration policies requiring that all employment related disputes be resolved through final and binding arbitration rather than in traditional court proceedings. Generally speaking,...more

The Supreme Court Hears Argument to Decide Whether Class-Action Waivers in Employment Arbitration Agreements Are Enforceable

by K&L Gates LLP on

Employers that have class- or collective-action waivers in their employee arbitration agreements (or are contemplating implementing them) need not wait much longer for the U.S. Supreme Court to decide whether such waivers are...more

Patent-Specific Arbitration Law in the United States – What You Need To Know

by Fish & Richardson on

In the United States, there are three patent specific statutes, two patent specific cases, and one treaty governing arbitration that every patent litigator, licensee, and licensor should know cold. The Statutes: The first...more

Ninth Circuit Allows Class Arbitration To Proceed Despite Absence Of Express Reference To Class Arbitration

by Carlton Fields on

Lamps Plus appealed an order permitting class arbitration of claims related to a data breach of personal identifying information of its employees, alleging negligence, breach of contract, invasion of privacy, and other...more

Murphy’s Law: Will the Supreme Court End Employment Contract Arbitration Clauses?

Can you prevent employees from pursuing class actions if you have the right employment agreement? Employment agreements routinely include arbitration clauses that require employees to waive their right to pursue work-related...more

NLRB About-Face Highlights Lack of Reasoning on the Class Action “Right” It Seeks to Assert

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The NLRB has withdrawn the significant concession it offered at oral argument on the nature of the NLRA rights it seeks to assert in the face of employers’ mandatory arbitration programs....more

SCOTUS Weighs Class Action Waivers in Employment Agreements

by Ballard Spahr LLP on

The U.S. Supreme Court heard oral argument yesterday in three cases—NLRB v. Murphy Oil USA, Epic Systems Corp. v. Lewis, and Ernst & Young, et al. v. Morris—to resolve whether arbitration provisions in employment agreements...more

Class Waivers at the Divided Supreme Court: Employers Cautiously Optimistic

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Following oral argument, employers should be cautiously optimistic that the Supreme Court will allow mandatory arbitration programs containing waivers of the ability to bring collective and class actions....more

Oral Argument in Epic Systems Corp. v. Lewis: Class Action Waivers in Employment Agreements

The Supreme Court began its new Term yesterday with oral arguments in cases involving whether arbitration agreements permitting only individual (non-class) arbitrations are enforceable under the Federal Arbitration Act, or...more

Document Discovery From Non-Parties in Commercial Arbitration: Availability and Practical Considerations

Litigators in the U.S. often take for granted the ease with which they can obtain discovery from non-parties in our federal and state courts. One might assume that the “presumption in favor of arbitrability” embodied in the...more

Future of Class Action Waivers: The Supreme Court Hears Oral Argument

On October 2, 2017, the Supreme Court of the United States heard oral argument in three consolidated cases that will decide the future of class action waivers in the employment context. These cases—National Labor Relations...more

Supreme Court Hears Argument On Validity Of Class Action Waivers In Employment Arbitration Agreements

by Jackson Lewis P.C. on

The United States Supreme Court heard a one-hour consolidated oral argument in three arbitration cases involving the intersection of the National Labor Relations Act and the Federal Arbitration Act on October 2, 2017. Epic...more

Courts Lose Jurisdiction To Vacate Arbitration Award After Three Months

The Nebraska Supreme Court recently had the unenviable task of determining whether the three month time period that the FAA provides for vacating an arbitration award is a statute of limitation (subject to tolling) or is...more

Ninth Circuit Affirms Arizona Federal Court’s Order Denying Petition To Vacate Arbitration Award As Untimely

by Carlton Fields on

A. Miner Contracting, Inc. (“Miner”) appealed an Arizona federal court’s order denying Miner’s petition to vacate an arbitration award entered against it and in favor of Appellee Dana Kepner Company, Inc. ...more

California Bill Would Ban Arbitration in Fraudulent Bank Contracts

In the wake of a scandal involving a national bank that allegedly opened millions of accounts without the consent of consumers, the California legislature has passed a bill that would prohibit the application of mandatory...more

Top SCOTUS Cases Tech Companies Should Watch – Fall 2017 Preview

by Fenwick & West LLP on

The upcoming U.S. Supreme Court term promises to be a big one, featuring a patent case that could be a game changer for many clients and a host of other cases that may affect how tech and life sciences companies deal with...more

Why the Supreme Court’s “Big” Case on Class Action Waivers May Have Little Impact on Some Companies Including Those Using...

by Locke Lord LLP on

Tomorrow, October 2, the Supreme Court will hear argument on what many commentators are calling one of the biggest issues affecting companies in the past decade – whether mandatory arbitration clauses with class action...more

Crucial Labor and Employment Issues on the Line in Landmark U.S. Supreme Court Case

Schnader Assesses Landmark Labor Case in U.S. Supreme Court - The U.S. Supreme Court will hear oral argument on Monday, October 2 in Epic Systems Corp. v. Lewis, an important labor and employment case in which Schnader...more

Ninth Circuit Denies Arbitration in a False Claims Act Case

On September 11, 2017, the Ninth Circuit in US and State of Nevada ex rel. Welch v. My Left Foot Children’s Therapy, LLC, upheld the denial of the defendant’s motion to compel arbitration in a False Claims Act (FCA) relator...more

Will the Supreme Court Finally Remove Doubt That an Employer Can Mandate That Employees Enter into Arbitration Agreements with...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In the first argument of the first day of its new term, the U.S. Supreme Court will hear oral argument in three cases presenting the issue of whether an employer may require employees to enter into...more

Arizona Court of Appeals Clarifies Law Governing Arbitration Waiver

by Snell & Wilmer on

In Security Alarm Financing Enterprises, L.P. v. Fuller, et al., Case No. 1 CA-CV 16-0255 (Ariz. Ct. App. July 6, 2017), the Arizona Court of Appeals recently held as a matter of first impression that Arizona state courts...more

First Circuit Upholds Arbitrator’s Denial Of Arbitrability Of Reinsurance Agreement, Finding No Manifest Disregard Of The Law

by Carlton Fields on

Mountain Valley Property, Inc (MVP) entered into a three-year reinsurance participation agreement with Applied Underwriters Captive Risk Assurance Co. Inc. (AUCRA), which contained a mandatory arbitration clause as well as a...more

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