As we previously reported, in D.R. Horton, the NLRB held that a mandatory arbitration agreement that waives employees’ rights to participate in class or collective actions is unlawful under the National Labor Relations Act...more
In This Issue:
- What Law Applies to Arbitration Clauses?
- What Do You Have to Prove?
- How Have Courts Treated Motions to Compel Arbitration?
- Do You Want to Enforce Your Arbitration?
- What Should...more
We have written regularly regarding the enforceability of arbitration clauses contained in standard employment agreements. Understandably, most employers would love to avoid the uncertainty of appearing before a judge or jury...more
In Roldan v. Callahan & Blaine, the California Court of Appeal for the Fourth Appellate District decided a unique case illustrating California’s public policy of ensuring a litigant’s access to the justice system. The case...more
Regardless of whether you have a favorable opinion of arbitration, one thing is clear: Texas appellate courts continue to enforce arbitration clauses and agreements. In at least two opinions this year, the First District...more
Trenwick Am. Reinsurance Corp. v. Unionamerica Ins. Co.. No. 3:13cv94 (JBA), 2013 U.S. Dist. LEXIS 97518 (D. Conn. Jul. 12, 2013).
A Connecticut federal court compelled arbitration against a reinsurer and denied the...more
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
The US Court of Appeals for the Sixth Circuit recently affirmed a district court’s decision to grant defendant-appellee TRW Vehicle Safety Systems, Inc.’s (TRW) motion to compel arbitration, finding that TRW retirees were...more
On June 21, the California Supreme Court vacated the submission on Sonic-Calabasas A, Inc. v. Moreno and ordered that the parties file supplemental briefs to address the U.S. Supreme Court’s recent decision in American...more
As a thank you to all the subscribers and readers who continue fueling Arbitration Nation’s success, this 100th blog post contains my recipe for the Best Arbitration Agreement Ever. (I know, where did the time go?? The blog...more
Morrison & Foerster’s Sherman Kahn Interviews American Arbitration Association Vice President, Sandra Partridge.
Many companies are providing for arbitration of disputes in their terms of service agreements governing...more
Many nursing homes and assisted living communities commonly include arbitration agreements as part of their admission agreement and documents. Typically, these agreements require residents or their legal surrogates to...more
In a January 23, 2013 decision, the U.S. District Court for the Northern District of Oklahoma continued a recent trend in Oklahoma cases enforcing arbitration clauses included in employment agreements or relationships....more
In a decision dated January 7, 2013, the California Court of Appeal invalidated a mandatory arbitration and class action waiver clause in an automobile sales contract, ruling that the arbitration clause was unconscionable and...more
The U.S. Court of Appeals for the Eighth Circuit has joined the clear majority of federal district courts in concluding that employment arbitration agreements may bar class and collective actions, in spite of the National...more