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
Granite State Ins. Co. v. Clearwater Ins. Co., No. C 13-2924 SI, 2013 U.S. Dist. LEXIS 118413 (N.D. Ca. Aug. 19, 2013).
In a very recent case, a California federal court partially denied the petition and denied the...more
Non-competes are governed by different rules from other contracts. Courts limit non-competes to certain circumstances, such as when an individual has received confidential information, goodwill, or specialized training; even...more
A recent decision by the Second Circuit Court of Appeals marks a significant victory for employers....more
In the previous installment, we looked at how the ruling of the Supreme Court of the United States in Concepcion pre-empted state laws and judgments which restricted the enforceability of mandatory arbitration clauses in...more
In the previous segment, we introduced the approach taken by the state courts in California since 2000, when the Supreme Court of California ruled in Armendariz that though enforceable, mandatory arbitration clauses are...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
Recently, the U.S. Supreme Court vacated an opinion of the Oklahoma Supreme Court stating the Oklahoma Court “disregards this Court’s precedents” interpreting the Federal Arbitration Act (FAA”). Nitro-Lift Technologies,...more
In a significant victory for employers, the Eighth Circuit, in Owen v. Bristol Care Inc., No. 12-1719, overturned a Missouri district court ruling that class action waivers were unenforceable in FLSA cases....more
The Eighth Circuit recently upheld the validity of a mandatory arbitration agreement containing a class action waiver and ordered the arbitration of an employee's collective action under the Fair Labor Standards Act. See...more