A customer argued that he is not bound to the arbitration clause included in Amazon’s conditions of use since August 2011 because he never received notice of the clause or manifested his assent to it. Nonetheless, the...more
The Western District of Texas had previously concluded that there was no “meeting of the minds” between the parties with respect to arbitration and denied the defendants’ motion to compel arbitration. On appeal, the Fifth...more
In addition to awarding monetary damages against the defendants, the arbitration panel ordered that the defendants be divested of their shares in the plaintiff corporation. The defendants sought to vacate the award, arguing...more
2/24/2020
/ Arbitration ,
Arbitration Agreements ,
Arbitration Award Challenges ,
Arbitration Awards ,
Arbitrator Selection Disputes ,
Arbitrators ,
Business Disputes ,
Business Litigation ,
Contract Terms ,
Damages ,
Divestment ,
Motion to Vacate ,
Preferred Shares ,
Punitive Damages
The plaintiff moved to vacate an arbitration award and the defendant moved to dismiss and confirm. The defendant’s dismissal motion challenged confirmation of an arbitration award, arguing that the matter was filed in...more
1/28/2020
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Confidentiality Agreements ,
Contract Terms ,
Federal Arbitration Act ,
Federal Rule 12(b)(6) ,
Motion to Dismiss ,
Motion to Vacate ,
Service of Process ,
Statute of Limitations ,
Summary Judgment
The plaintiff, an agricultural laborer, brought suit against his employer who, in turn, moved to compel arbitration based on the arbitration agreement in the parties’ employment contract. The plaintiff opposed, successfully...more
11/20/2019
/ Agricultural Sector ,
Agricultural Workers ,
Arbitration ,
Arbitration Agreements ,
Coercion ,
Contract Terms ,
Economic Duress ,
Employee Housing ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Foreign Workers ,
H-2A ,
Motion to Compel ,
Undue Influence Claims ,
Vulnerable Victims ,
Wrongful Acts
The plaintiff successfully confirmed an arbitration award concerning certain franchise agreements and then sought attorneys’ fees and costs incurred in connection with its confirmation action based on the attorneys’ fees...more
The plaintiff and intervenor-defendant entered into a contract wherein they agreed to arbitrate claims arising out of the contract. Following a dispute, the plaintiff asserted that the intervenor-defendant had waived its...more
The plaintiff voluntarily signed an employment agreement that provided that any and all employment-related disputes arising out of the plaintiff’s employment would be subject to confidential arbitration. Following his...more
The plaintiff challenged the formation of an arbitration clause contained in her employment contracts and acknowledgment of employee handbooks, arguing: (1) there was no “meeting of the minds” and therefore there was not the...more
The Ninth Circuit reversed the District of Montana’s denial of a motion to compel arbitration on the grounds that “the insurer was estopped from asserting contract defenses as a result of its breach of its duty to defend.” ...more
Where a Loan Agreement’s arbitration provision stated disputes “will be resolved by Arbitration, which shall be conducted by the Cheyenne River Sioux Tribal Nation by an authorized representative in accordance with its...more
4/9/2018
/ Arbitration ,
Arbitration Agreements ,
CashCall ,
Consumer Financial Products ,
Contract Terms ,
Financial Services Industry ,
Forum ,
Illusory Contracts ,
Native American Issues ,
Online Marketplace Lending ,
Tribal Loans
A Texas federal court determined that, pursuant to the parties’ contract, the dispute was not arbitrable because the plain language of the arbitration clause expressly excluded suits that involved requests for injunctive...more
Applying Washington law, the Ninth Circuit Court of Appeals affirmed a California federal court’s ruling that Amazon’s Conditions of Use (COU) created a valid contract between Amazon and its customers, and there was no...more
10/23/2017
/ Amazon Marketplace ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Contract Terms ,
E-Commerce ,
Internet Retailers ,
Mandatory Arbitration Clauses ,
Retail Market ,
Terms of Use ,
Unconscionable Contracts
A municipality sued the company that constructed its water treatment facility, in connection with contaminants found in the water supply. The parties had entered into a series of agreements which contained choice of law and...more
Plaintiff electronically signed a contract which contained: (1) terms governing the loan; (2) an agreement to submit disputes to arbitration; and (3) a choice of law provision which required the application of Otoe-Missouria...more
5/31/2017
/ Arbitration ,
Arbitration Agreements ,
Banking Sector ,
Consumer Financial Products ,
Consumer Lenders ,
Contract Terms ,
Forum Selection ,
Internet Lenders ,
Native American Issues ,
Online Marketplace Lending ,
Payday Loans ,
Tribal Loans
Although unable to revisit the arbitration panel’s fact-finding or legal reasoning behind an arbitration award, the Second Circuit Court of Appeals upheld confirmation of the award itself, as it did not violate public policy....more