The Ninth Circuit affirmed an order granting a motion to compel arbitration and to dismiss, finding that a purchase order issued by the plaintiff to purchase goods from the defendant incorporated a binding arbitration clause...more
The plaintiff sued his former employer for discrimination, retaliation, hostile work environment, and violations of the Missouri Human Rights Act. The defendant moved to compel arbitration based on the parties’ Mutual...more
7/10/2019
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Delegation Clauses ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Hostile Environment ,
Motion to Compel ,
Retaliation
A Pennsylvania federal district court granted a motion to compel arbitration pursuant to 9 U.S.C. § 4 of the Federal Arbitration Act, over objection by the defendant on severability grounds. The defendant argued that its...more
Petitioners, two Rent-A-Center entities, moved to compel arbitration of a lawsuit by Anita Ellis alleging that Rent-A-Center unlawfully terminated her employment for seeking workers’ compensation benefits....more
6/18/2019
/ Adverse Employment Action ,
Arbitration ,
Contract Terms ,
Delegation Clauses ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Motion to Compel ,
Retaliation ,
Reversal ,
Unconscionable Contracts ,
Workers' Compensation Claim ,
Wrongful Termination ,
WV Supreme Court
The plaintiff sued the defendants (collectively, DAL) in Colorado federal court after they denied his application for a Subway restaurant franchise....more
The plaintiff filed a putative class action for alleged violations of California employment law, and the defendant moved to compel arbitration....more
3/27/2019
/ Arbitration ,
Employment Litigation ,
Federal Arbitration Act ,
Final Judgment ,
Interlocutory Appeals ,
Labor Law Violations ,
Lack of Jurisdiction ,
Motion to Compel ,
Putative Class Actions ,
State and Local Government ,
State Labor Laws ,
Stays
Archer & White Sales, Inc. (“Archer”) sued Henry Schein, Inc. (“Schein”) in federal court seeking both monetary and injunctive relief....more
1/29/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Contract Terms ,
Exceptions ,
Federal Arbitration Act ,
Henry Schein Inc v Archer and White Sales Inc ,
Judicial Review ,
Motion to Compel ,
Question of Arbitrability ,
Remand ,
SCOTUS ,
Vacated ,
Wholly Groundless Doctrine
A New York district court has granted a motion to compel arbitration of matters arising out of general liability “fronting” policies issued by member companies of AIG. ...more
Plaintiffs, current and former employees of the University of Southern California (“USC”), were participants in two USC-sponsored ERISA contribution plans. In order to participate in the plans, individual employees were...more
The U.S. Court of Appeals for the Fourth Circuit recently ruled that two employment-related arbitration clauses did not “clearly and unmistakably” govern a former employee’s discrimination claims, and that the arbitrability...more
The U.S. Court of Appeals for the Seventh Circuit recently held that state law governs whether a contract’s arbitration clause is binding on non-signatories. The dispute arises from a consumer protection action filed by the...more
3/21/2018
/ Arbitration ,
Arbitration Agreements ,
Consumer Contracts ,
Estoppel ,
Franchises ,
Marketing ,
Motion to Compel ,
Non-Signatories ,
Reversal ,
Subway ,
T-Mobile ,
Telecommunications ,
Text Messages
The Eleventh Circuit has determined that a confidentiality provision in an arbitration clause was substantively unconscionable. The case involved a putative class action by David Johnson alleging that KeyBank National...more
12/4/2017
/ Arbitration ,
Arbitration Agreements ,
Banking Sector ,
Banks ,
Citibank ,
Confidentiality Agreements ,
Contract Terms ,
Debit and Credit Card Transactions ,
Motion to Compel ,
Overdraft Fees ,
Putative Class Actions ,
Unconscionable Contracts
The U.S. Court of Appeals for the Fifth Circuit held that an order compelling arbitration and staying a related action was not an appealable “final decision with respect to arbitration” under the Federal Arbitration Act...more
Applying the doctrine of judicial estoppel, a district court refused to compel arbitration finding that the arbitration clause in a reinsurance agreement was unenforceable under a Virginia statute that voided a mandatory...more