Michael Wolgin on Arbitration

Alabama Supreme Court Reverses Order Compelling Arbitration Based on Failure to Authenticate Arbitration Agreement

A construction company, Parkerson Construction LLC, sued homeowner Jeanne Lacy Oaks claiming that Oaks owed it more than $50,000 for construction work on her home. ...more

4/21/2020 / Arbitration , Arbitration Agreements , Construction Contracts , Construction Defects , Construction Disputes , Construction Litigation , Construction Project

Third Circuit Addresses Interplay Between LMRA and FAA and Affirms Arbitration Award in Favor of Union Under Collective Bargaining...

The case relates to the disposition of accrued vacation time of unionized nurses after a new employer (Prospect) assumed a collective bargaining agreement. Prospect construed the collective bargaining agreement differently...more

3/31/2020 / Accrual Requirements , Arbitration , Arbitration Agreements , Arbitration Award Challenges , Arbitration Awards , Collective Bargaining Agreements (CBA) , Federal Arbitration Act , Labor Management Relations Act (LMRA) , Unions , Vacation Leave

Court Upholds Arbitration Provision Despite Allegations of Fraud in Contract’s Execution

The dispute involved the potential trade-in of a car and the purchase of a pickup truck by two customers at a car dealership. During the course of the transaction, one of the customers signed a document that he later learned...more

3/13/2020 / Arbitration , Arbitration Agreements , Binding Arbitration , Common Law Claims , Contract Terms , Dealers , Fraud , Motion to Compel , Motor Vehicles

Court Compels Arbitration of Balance Billing Dispute Under a California Health Plan, Severs Certain Unconscionable Provisions, and...

A patient sued her health plan and the plan’s debt collector under various California and federal laws in connection with alleged attempts by the plan to unlawfully collect the balances of the plaintiff’s medical statements...more

2/21/2020 / Affordable Care Act , Arbitration , Attorney's Fees , Billing Rates , Debt Collection , Debt Collectors , Fee-Splitting , Health Insurance , Insurance Litigation , Kaiser Permanente , Medical Expenses , Motion to Compel , Policy Terms , Preemption , State Health Plans , Unconscionable Contracts

Eleventh Circuit Clarifies Standard for New York Convention’s Public Policy Defense to Foreign Arbitration Awards

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

Court Orders Stay of New Arbitration Over Disputed Reinsurance Billings and Compels Parties to Proceed Before a Predecessor...

The case involved a “second layer special casualty excess agreement of reinsurance” under which reinsurers General Reinsurance Corp. and SCOR Reinsurance Co. agreed to cover a certain amount in excess of Chicago Insurance...more

11/13/2019 / Arbitration , Arbitration Agreements , Arbitration Awards , Arbitrators , Asbestos , Billing , Contract Terms , Insurance Litigation , Liability Insurance , Loss Allocation , Reinsurance , Stays

Second Circuit Affirms Judgment Confirming Arbitration Award in Favor of Labor Union Involving Alleged Non-Signatory to Collective...

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

10/17/2019 / Appeals , Arbitration , Arbitration Agreements , Arbitration Awards , Collective Bargaining Agreements (CBA) , Health Care Providers , Healthcare Workers , Long Term Care Facilities , Long-Term Care

Employment Discrimination Claim Compelled to Arbitration Despite Arguments That “Clickwrap” Stock Incentive Agreement and...

The court granted Aetna’s motion to compel arbitration of a former employee’s age and disability wrongful termination claims that alleged violations of the Age Discrimination in Employment Act, the Americans with Disabilities...more

9/28/2019 / ADEA , Aetna , Age Discrimination , Americans with Disabilities Act (ADA) , Arbitration , Clickwrap Agreements , Disability Discrimination , Motion to Compel , Stock Options , Unconscionable Contracts , Websites

After Reviewing the Arbitration Record, Court Enters Default Judgment Confirming Default Arbitration Award

Plaintiff Choice Hotels International Inc. filed an application to confirm arbitration award and a motion for default judgment against a fanchisee company and its owner in connection with an arbitration initiated before the...more

9/4/2019 / American Arbitration Association , Arbitration , Arbitration Agreements , Arbitration Awards , Breach of Contract , Default Judgment , Federal Arbitration Act , Franchise Agreements , Hospitality Industry , Hotels , Royalties

Ninth Circuit Affirms Order Denying Arbitration, Applying Precedent That State Law Does Not Overcome the New York Convention’s...

In a trademark dispute, Shrinivas Sugandhalaya LLP (SS LLP), an incense manufacturing company based in Mumbai, appealed the denial of its motion to compel arbitration against Balkrishna Setty and his company Shrinivas...more

7/3/2019 / Arbitral Authority , Arbitration , Arbitration Agreements , Arbitration Award Challenges , Federal Arbitration Act , International Arbitration , Manufacturers , Motion to Compel , New York Convention , Non-Signatories , Partnership Agreements , Trademark Infringement , Trademark Litigation

Court Finds Panel Did Not Manifestly Disregard Law When It Entered FINRA Award In Favor Of Investment Firm And Advisors In Dispute...

The widow of a former NFL football player sued the player’s sports agent and financial adviser, alleging that the former player was defrauded by the agent in connection with the loss of the proceeds of the player’s life...more

6/14/2019 / Arbitration , Arbitration Awards , Breach of Duty , Financial Adviser , Insurance Fraud , Life Insurance , Manifest Disregard , Motion to Vacate , Negligence , Trustees , Trusts , Vacatur

Ninth Circuit Affirms Order Compelling Class Arbitration in Employment Dispute Involving Two Employment Agreements With Varying...

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

5/1/2019 / Appeals , Arbitration , Arbitration Agreements , Arbitrators , Class Action Arbitration Waivers , Class Arbitration , Employment Litigation

California Appellate Court Holds U.S. Supreme Court’s Epic Systems Ruling Does Not Authorize Waiver of Class Relief or Arbitration...

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

4/11/2019 / Appeals , Arbitration , Arbitration Agreements , Class Action Arbitration Waivers , Employment Litigation , Epic Systems Corp v Lewis , Iskanian v CLS Transportation , Private Attorneys General Act (PAGA)

Ninth Circuit Finds That Party Was A Third-Party Beneficiary Of Arbitration Agreement, And Affirms Order Compelling Arbitration Of...

Three delivery drivers sued a transportation broker for failure to pay overtime and minimum wages, failure to provide rest and meal breaks, failure to timely pay wages upon termination, and willful refusal to pay wages on...more

12/27/2018 / Arbitration , Arbitration Agreements , Contract Terms , Employer Liability Issues , Employment Litigation , Failure To Pay , Motion to Compel , Putative Class Actions , Third-Party Beneficiaries , Wage and Hour

Court Orders Compliance With Arbitral Subpoenas, Deferring To The Panel’s Assessment Of The Value Of The Requested Testimony

In a case that had been filed and then stayed in a New York federal district court in connection with an ongoing arbitration involving alleged violations of federal securities laws, the plaintiffs filed a motion to enforce...more

7/31/2018 / Arbitration , Securities Violations , Stays , Subpoenas , Testimony

Eighth Circuit Affirms Order Compelling Arbitration, Rejecting Contract Defenses Of Unconscionability And Lack Of Consideration

The Eighth Circuit affirmed an order compelling arbitration in a case filed by a volunteer concession worker against an operator of concessions at a sports stadium in St. Louis. The concession worker had volunteered to work...more

7/20/2017 / Arbitration , Arbitration Agreements , Fraud , Labor Law Violations , Minimum Wage , Motion to Compel , Unconscionable Contracts , Volunteers , Wage and Hour

Arbitrator’s Pre-Iskanian Decision That Paga Claim Must Proceed On An Individual Basis Was Not A “Manifest Disregard Of The Law”

A refinery operator (“Wulfe”), sued his former employer alleging several employment related claims, including a claim under the California Private Attorneys General Act (PAGA). The court compelled arbitration, and the...more

5/18/2017 / Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Employment Litigation , Iskanian , Manifest Disregard , Private Attorneys General Act (PAGA)

Second Circuit Finds Arbitrator Did Not Commit A Manifest Disregard Of The Law In Dispute Over Construction Work At The Whitestone...

In a dispute between a construction company hired by New York State to replace a portion of the Whitestone Bridge and a steel company regarding the timeliness of certain deliveries related to the project, the Second Circuit...more

4/27/2017 / Arbitration , Arbitration Awards , Bridges , Construction Project , Federal Contractors , Manifest Disregard , Transportation Industry

Court Finds That Arbitration Award That Interpreted Contract “Termination” To Include Contract “Expiration” Was Not A “Manifest...

Former franchisees filed a petition to vacate an arbitration award entered in favor of their former franchisor which enforced a 2-year non-compete provision in the parties’ franchise agreement when the agreement expired. The...more

3/16/2017 / Arbitration , Arbitration Awards , Contract Terms , Franchise Agreements , Motion to Vacate , Non-Compete Agreements

Ninth Circuit Affirms Orders Denying Arbitration In Two Class Action Lawsuits Against Samsung

The Ninth Circuit issued two similar opinions arising out of Samsung’s appeals of orders denying arbitration in two putative class actions filed against it. The claims against Samsung allege that the smartphone maker...more

2/22/2017 / Arbitration , Cell Phones , Class Action , Contract Terms , Mandatory Arbitration Clauses , Mobile Devices , Motion to Compel , Samsung , Smartphones , Technology , Telecommunications , Warranties , Wireless Devices , Wireless Industry , Wireless Technology

Tenth Circuit Affirms Refusal To Compel Arbitration Where Agreements Contained Conflicting Arbitration Provisions

Mr. Ragab sued two financial companies and a corporate officer for misrepresentation and for violating several consumer credit repair statutes. There were six agreements between the parties, including, for example, a...more

12/20/2016 / Arbitration , Banking Sector , Credit Repair Services , Financial Institutions , Mandatory Arbitration Clauses , Misrepresentation , Operating Agreements , Purchase Agreement

Third Circuit Reverses Order Denying Arbitration, Ruling That State Law Prohibiting Arbitration Of Insurance Matters Challenged...

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

Ninth Circuit Affirms Order Compelling Arbitration Of Putative Class Action, Despite Litigation Forum Selection Clause In Related...

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

11/10/2016 / Appeals , Arbitration , Forum Selection , Motion to Compel , Participation Agreements , Putative Class Actions

Fifth Circuit Remands To Determine Whether Jurisdiction Existed For Appeal Of Denial Of Motion To Compel Arbitration

The underlying dispute involved allegations of breach of warranty and deceptive trade practices based on a sale of an allegedly defective car. The Fifth Circuit explained that the FAA, which governed the alleged arbitration...more

11/8/2016 / Arbitration , Arbitration Agreements , Breach of Warranty , Contract Terms , Federal Jurisdiction , Motion to Compel , Motor Vehicles , Purchase Agreement , Unfair or Deceptive Trade Practices

Second Circuit Upholds Refusal To Compel Arbitration Due To Unavailable Forum, Recognizing Split In Federal Circuits

A borrower had previously entered into three payday loan agreements that contained arbitration provisions mandating that all claims be arbitrated in the National Arbitration Forum (NAF), and under the Code of Procedure of the...more

10/20/2016 / Arbitration , Banking Sector , Borrowers , Class Action , Consumer Lenders , Federal Arbitration Act , Financial Institutions , Mandatory Arbitration Clauses , Motion to Compel , Online Marketplace Lending , Payday Loans

Michael Wolgin

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