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Prejudice Not Required: California Supreme Court Eases Standard for Waiving Arbitration Rights

California courts, like most federal courts, have historically held that a party does not waive its contractual right to compel arbitration unless the party opposing arbitration has been prejudiced by the moving party’s delay...more

Ninth Circuit Continues to Expand Transportation Worker Exemption Under Federal Arbitration Act

Courts are finding more workers who do not physically transport goods or people across state lines to be transportation workers exempt from arbitrating their claims under the Federal Arbitration Act (FAA). The U.S. Court of...more

U.S. Supreme Court: Federal Courts Must Stay Proceedings During Appeal of Arbitration Denial

The U.S. Supreme Court held that when a district court denies a motion to compel arbitration under the Federal Arbitration Act (FAA), the court must stay its proceedings while that appeal is pending. Coinbase, Inc. v....more

U.S. Supreme Court to Decide Whether Appeal of Denial of Motion to Compel Arbitration Stays Litigation

The U.S. Supreme Court will decide whether the appeal of a denial of a motion to compel arbitration mandates that the district court stay litigation pending appeal or permits the district court to decide on a case-by-case...more

Ninth Circuit Upholds Arbitration For Non-Signatory Defendant

California law is not typically seen as amiable to compelling employees to arbitrate their claims. However, in Franklin v. Community Regional Medical Center, ___ F.3d___(9th Cir. 2021), the Ninth Circuit panel upheld a motion...more

No Initials, No Problem: California Court Of Appeal Holds Failure to Initial Not Enough To Prevent Arbitration

“What if neither party to an arbitration agreement places initials next to a jury waiver contained in the agreement, even though the drafter included lines for their initials?” asked the California Court of Appeal in Martinez...more

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