In January 2021, Uber emailed millions of its users informing them that they would be prompted to agree to updated terms of use (available by hyperlinks) in order to continue using the ride-sharing service. The plaintiff, a...more
3/7/2025
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Binding Arbitration ,
Clickwrap Agreements ,
Contract Disputes ,
Contract Terms ,
Dispute Resolution ,
Federal Arbitration Act ,
Litigation Strategies ,
Terms of Use ,
Uber
Beyond International, Inc. and an individual (“Beyond”) appealed the district court’s order granting plaintiffs’ motion to confirm an arbitration award in favor of Diverse Enterprises, Ltd., Co., LLC and other parties...more
The dispute involved an arbitration related to alleged medical malpractice by doctors selected by Carnival Cruise Lines to treat a wrist injury of a Serbian employee of Carnival. The employee’s employment agreement with...more
12/19/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Carnival Cruise Lines ,
Choice-of-Law ,
Contract Terms ,
Cruise Ships ,
Employment Contract ,
Employment Litigation ,
Foreign Arbitral Awards ,
Forum Selection ,
International Arbitration ,
Jones Act ,
Jurisdiction ,
Mandatory Arbitration Clauses ,
Medical Malpractice ,
Motion to Vacate ,
New York Convention ,
Panama ,
Public Policy ,
Vicarious Liability
The dispute involved a long-term health care provider and an assisted living services provider that was based in the same building. The union represented certain housekeeping employees at the location. The long-term health...more
Oracle America Inc. appealed the trial court’s order compelling class arbitration in an employment dispute in which there were two agreements at issue, one with, and one without, a class action waiver. The Ninth Circuit...more
Former employees sued their former employer, alleging wage and hour violations and seeking civil penalties under the California Private Attorneys General Act of 2004 (PAGA). In response, the employer petitioned for...more
Applied Underwriters Captive Risk Assurance Company appealed from the denial of its motion to compel arbitration in a dispute related to a reinsurance participation contract with South Jersey Sanitation Company. The trial...more
11/29/2016
/ Appeals ,
Arbitration ,
Federal Arbitration Act ,
Insurance Industry ,
Insurance Litigation ,
Mandatory Arbitration Clauses ,
McCarran-Ferguson Act ,
Motion to Compel ,
Policy Terms ,
Preemption ,
Reinsurance
Two purported class representatives appealed an order compelling arbitration in their putative class action lawsuit against Amazon Services, LLC. The court affirmed, holding that the named plaintiffs agreed to Amazon’s...more
In the ongoing reinsurance dispute between cedent Utica Mutual Insurance Company and reinsurer Clearwater Insurance Company, about which we most recently posted on February 9, 2016, two developments occurred on July 14, 2016....more
The dispute at issue in this case involved claims of fraud in the sale of condominium units asserted by unit purchasers against the condominium developer. Arbitration under the AAA was underway between the parties, when it...more