News & Analysis as of

Arbitration Agreements Preliminary Injunctions

Carlton Fields

Second Circuit Holds That Refusal to Enjoin Arbitration Is Immediately Appealable, Clarifies Standard for Obtaining Preliminary...

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The Second Circuit Court of Appeals recently held that a district court’s refusal to enjoin arbitration was immediately appealable because the arbitration agreement was governed by state law rather than the Federal...more

Carlton Fields

Broker Obtains Preliminary Injunction Enjoining FINRA Arbitration Initiated by Non-Signatories to Arbitration Agreement

Carlton Fields on

Interactive Brokers LLC filed an action in the Southern District of New York seeking preliminary and permanent injunctions against an arbitration proceeding initiated by a group of non-signatories to an agreement between...more

Carlton Fields

Eighth Circuit: Plaintiff Waives Right to Compel Arbitration by Filing Complaint and Litigating Dispute in Court

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The Eighth Circuit Court of Appeals recently affirmed the denial of a motion to compel arbitration filed by the plaintiff in the matter. The court noted that arbitration “can be waived in a variety of circumstances, including...more

McDermott Will & Emery

A Win for Employers: Ninth Circuit Holds That California Ab 51 Prohibiting Mandatory Arbitration is Preempted by the Federal...

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As of February 15, 2023, employers in California may once again require mandatory arbitration as the US Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) preempts Assembly Bill 51 (AB 51), a...more

ArentFox Schiff

Ninth Circuit’s Reversal Allows Mandatory Employment Arbitration Agreements in California

ArentFox Schiff on

In another reversal of course, the US Ninth Circuit Court of Appeals cleared the way again for California employers to require arbitration agreements. The latest 2-1 decision in Chamber of Commerce v. Bonta, issued on...more

Payne & Fears

Employers May Require Arbitration Agreements as Condition of Employment, Federal Appeals Court Holds

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After more than three years of litigation, the Ninth Circuit has held that AB 51, California’s attempt to ban mandatory employment arbitration agreements, is unenforceable....more

ArentFox Schiff

Change of Mind: Ninth Circuit Will Review California Law Prohibiting Mandatory Employment Arbitration Agreements

ArentFox Schiff on

A Ninth Circuit panel that previously upheld a California law prohibiting mandatory employment arbitration agreements in the workplace withdrew its decision and ordered the matter to be resubmitted for a panel rehearing. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Panel to Reconsider Decision Upholding California Mandatory Arbitration Ban

​​​​​​​The panel of the Ninth Circuit Court of Appeals that largely upheld California’s law banning mandatory arbitration agreements in the employment context just withdrew its decision. On August 22, 2022, two of the three...more

Ervin Cohen & Jessup LLP

Mandatory Arbitration Agreements in California: Down, But Possibly Not Out

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Businesses and attorneys alike have kept a close eye on the developments surrounding the challenge to California Assembly Bill 51 (now codified as Labor Code section 432.6). Most recently, in a 2-1 decision, the 9th Circuit...more

ArentFox Schiff

Ninth Circuit Upholds Portions of California Law Prohibiting the Use of Mandatory Employment Arbitration Agreements

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The Ninth Circuit Court of Appeals has vacated a preliminary injunction issued in January 2020 that prohibited California from enforcing Assembly Bill 51 (“AB 51”), which barred employers from requiring employees to sign...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Vacates Injunction Against California Ban on Businesses Which Forced Workers to Submit to Arbitration Agreements

A divided three-judge panel of the Ninth Circuit Court of Appeals vacated the January 2020 preliminary injunction against enforcement of Assembly Bill 51 (AB 51), and upheld portions of the law that prohibited employers from...more

BCLP

Ninth Circuit Upholds California’s Ban on Mandatory Arbitration of Employment Disputes

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On October 10, 2019, Governor Gavin Newsom signed into law California Assembly Bill 51 (“AB 51”), with an effective date of January 1, 2020. AB 51 prohibits an employer, as a condition of employment, from requiring an...more

Jackson Lewis P.C.

Challengers To California’s Ban On Mandatory Arbitration Contracts Hint Rehearing Petition Coming

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Following the decision of a divided panel of the U.S. Court of Appeals for the Ninth Circuit, in Chamber of Commerce of the U.S., et al. v. Bonta, et al., to reverse, in part, a district court’s order and vacate the district...more

Proskauer Rose LLP

What Forced Arbitration Ruling Means For Calif. Employers

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On Wednesday, in a surprising turn, the U.S. Court of Appeals for the Ninth Circuit reversed in part a 2020 preliminary injunction issued by a district court and resurrected California Labor Code Section 432.6, the Golden...more

Payne & Fears

Ninth Circuit Vacates Preliminary Injunction Against Enforcement of Mandatory Employment Arbitration Agreement Ban

Payne & Fears on

This morning, in its decision in Chamber of Commerce v. Bonta, No. 20-15291, the Ninth Circuit Court of Appeals vacated a January 2020 preliminary injunction against enforcement of AB 51, a 2019 California law effectively...more

Fisher Phillips

The Arbitration Whipsaw Continues – Court Reinstates Portions of California Prohibition of Mandatory Arbitration Agreements

Fisher Phillips on

- The Ninth Circuit rules that portions of Assembly Bill 51 are not preempted by the Federal Arbitration Act (“FAA”) and lifts a lower court’s injunction that barred the law from taking effect. - The court did rule that...more

Lathrop GPM

The Franchise Memorandum - Issue # 265

Lathrop GPM on

Welcome to The Franchise Memorandum by Lathrop GPM. Below are summaries of recent legal developments of interest to franchisors. Fraud/Misrepresentation - Minnesota Federal Court Rules that Fraud and Misrepresentation...more

Proskauer Rose LLP

Price Gouging Weekly Round Up - June 2020 #5

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Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and friends. ...more

Manatt, Phelps & Phillips, LLP

California Court Keeps AB 51 on Hold

The Chamber of Commerce and employer organizations convinced a federal court judge in California to halt enforcement of Assembly Bill 51, which was set to take effect January 1, 2020, and invalidate all agreements requiring...more

Fenwick & West LLP

California Employment Law Roundup - Courts Halt State Enforcement of AB 51 (Arbitration Agreements), Deny Request to Block AB 5...

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Arbitration Agreements: Potential for a Reprieve from AB 51 - As we reported last year, the California Legislature passed AB 51 in an effort to prohibit employers from requiring employees to arbitrate claims under the...more

ArentFox Schiff

AB 51 Update: Federal Court Preliminarily Enjoins California Law Restricting Employment Arbitration Agreements

ArentFox Schiff on

On October 10, 2019, California Governor Gavin Newsom signed into law California Assembly Bill 51 (“AB 51”), which prohibits California employers from requiring prospective and current employees to “waive any right, forum, or...more

Jackson Lewis P.C.

California Appeals Preliminary Injunction Against State Ban On Employment Arbitration Agreements

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The State of California has filed a notice of appeal of the district court’s decision granting a preliminary injunction enjoining the State from enforcing Assembly Bill 51 (AB 51) against employment arbitration agreements...more

Orrick - Employment Law and Litigation

A Preliminary Employer Victory: California Federal Court Issues Preliminary Injunction Enjoining Enforcement of AB 51

On February 7, 2020, Chief U.S. District Judge Kimberly Mueller of the Eastern District of California issued a detailed order explaining the court’s January 31, 2020 grant of a preliminary injunction enjoining the State of...more

Epstein Becker & Green

#WorkforceWednesday: Component 2 Pay Data Shutdown, CDC Coronavirus Guidance, and California Employers Fight Back - Employment Law...

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It’s #WorkforceWednesday, featuring Employment Law This Week®, blog posts, client alerts, and other helpful resources from Epstein Becker Green’s Employment, Labor & Workforce Management practice. Get the information you need...more

MoFo Employment Law Commentary (ELC)

Federal Court Preliminarily Enjoins the Attorney General from Enforcing AB 51, the New California Law Barring Mandatory Employment...

A federal district court found that the new California law barring mandatory employment arbitration agreements is preempted by the Federal Arbitration Act (FAA). The court granted the challengers’ motion for preliminary...more

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