News & Analysis as of

Federal Arbitration Act Arbitration

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. 

“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 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

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

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Seyfarth Synopsis: The NLRB has withdrawn the significant concession it offered at oral argument on the nature of the NLRA rights it seeks to assert in the face of employers’ mandatory arbitration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

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

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

Ninth Circuit Finds Plaintiff Entitled To Trial On Issue Of Whether An Arbitration Agreement Was Executed

by Carlton Fields on

Defendant provided the district court with copies of two contracts – a Reinsurance Participation Agreement and a Request to Bind – that were purportedly signed by Plaintiff’s CEO and contained arbitration clauses....more

Procedural Provision Of FAA Inapplicable In California State Court Action When Arbitration Agreement Is Silent On Choice Of Law Or...

by Carlton Fields on

A California appellate court has upheld an order denying a motion to compel arbitration due to the possibility of conflicting rules, finding that, when a contract is silent on choice of law, California procedural rules, not...more

Fifth Circuit Continues To Approve Class Action Arbitration Waivers Over NLRB Objections

by Carlton Fields on

The opening case of the United States Supreme Court’s October 2017 term is a consolidation of three cases that present a Circuit conflict on the issue of whether the collective-bargaining provisions of the National Labor...more

Chancery Denies Motion To Vacate Arbitration Award

by Fox Rothschild LLP on

In the recent decision of Carl Zeiss Vision, Inc. v. REFAC Holdings, Inc., C.A. No. 11513-VCS (Del. Ch. Aug. 24, 2017), Vice Chancellor Slights denied a motion to vacate an arbitration award. Noting that the “standard of...more

Second Circuit Upholds Arbitration Award Over Chargers Of Fraud And Perjury In The Arbitration Procedings

by Carlton Fields on

A former bond trader for Odeon Capital Group obtained an arbitration award against Odeon for $1,102,193.00 on a claim for unpaid wages. Odeon then brought a petition to vacate the award on the ground of fraud, contending...more

Court Of Chancery Reviews When To Vacate An Arbitration Award

by Morris James LLP on

Carl Zeiss Vision LLC v. Refac Holdings, Inc., C.A. 11513-VCS (August 24, 2017) - This is another decision explaining the narrow circumstances when the Court of Chancery will vacate an arbitration award. It is very hard to...more

Parties Litigating Arbitrability Should Consider Procedural Rules in the Federal Arbitration Act

by Balch & Bingham LLP on

Lenders who move to compel arbitration should always consider the complex interplay between the Federal Rules of Civil Procedure and the Federal Arbitration Act. In Ryan D. Burch v. P.J. Cheese, Inc., 861 F.3d 1338 (2017),...more

Tenth Circuit Declines To Disturb Arbitral Award Granting Fees And Costs In Wrongful Death Suit Against Nursing Home

by Carlton Fields on

The Tenth Circuit recently upheld a district court’s confirmation of an arbitral award ordering a nursing home (“THI”) to pay fees and costs associated with the arbitration of a wrongful death claim. A personal representative...more

Convergys Corporation and LogistiCare Solutions, Incorporated v. NLRB – The Fifth Circuit Considers Class and Collective Action...

by BakerHostetler on

The U.S. Court of Appeals for the Fifth Circuit decided two cases considering the impact of the National Labor Relations Act (NLRA) on class or collective action waivers required by companies for their applicants and...more

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