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Arbitration En Banc Review

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Carlton Fields

Florida Appeals Court Decisions Week of March 17 - 21, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Kanapuram v. CIS - immigration - Wu v. Liu - removal, arbitration, remand, appellate jurisdiction - USA v. Morris - jury interrogatory, specific firearm - Malak v. Soc Sec...more

Troutman Pepper Locke

A More Even Field: The Eleventh Circuit Overrules Its Precedent and Joins Most Circuits on the Applicability of Domestic FAA...

Troutman Pepper Locke on

Earlier this year the Eleventh Circuit Court of Appeals joined the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits in the much-anticipated en banc decision of Corporacion AIC, SA v. Hidroelectrica Santa...more

Jackson Lewis P.C.

Ninth Circuit Withdraws Prior Opinion Regarding California’s AB 51 and Grants Panel Rehearing

Jackson Lewis P.C. on

Since 2021, the challenge to California’s Assembly Bill (AB) 51 (on employment arbitration) has been in limbo awaiting the U.S. Court of Appeals for the Ninth Circuit’s decision on a petition to rehear the appeal en banc....more

Foley & Lardner LLP

A New Era of McGill Arbitration in California—Hodges v. Comcast

Foley & Lardner LLP on

Recent decisions out of the Northern District of California and Ninth Circuit may reflect a new era of McGill jurisprudence. In McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017), the California Supreme Court held on public...more

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

U.S. Chamber of Commerce Asks Ninth Circuit to Reconsider Ruling Upholding California’s Mandatory Employment Arbitration Ban

The battle concerning California’s Assembly Bill (AB) No. 51 - the law seeking effectively to ban mandatory employment arbitration in California - continues to rage. On October 20, 2021, the U.S. Chamber of Commerce, the...more

Epstein Becker & Green

Ninth Circuit Conclusion That Amazon Delivery Drivers Don’t Need To Arbitrate Their Claims Under FAA’s “Transportation Worker”...

Epstein Becker & Green on

Given the ever increasing number of wage-hour class and collective actions being filed against employers, it is no surprise that may employers have turned to arbitration agreements with class and collective action waivers as...more

Ballard Spahr LLP

Ninth Circuit denies Blair rehearing petitions, setting stage for possible SCOTUS review

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On January 17, 2020, the Ninth Circuit denied the defendants’ petitions for panel and en banc rehearing in the Blair v. Rent a Center appeals, setting the stage for possible U.S. Supreme Court review of the California Supreme...more

Mintz - Arbitration, Mediation, ADR...

Waiving Claims for Public Injunctive Relief in California Arbitration Agreements: The McGill Rule on Appeal

The inclusion in arbitration clauses of a waiver of public injunctive relief has gained popularity generally, but such a waiver is currently unenforceable in California. However, California’s controversial precedent on the...more

Ballard Spahr LLP

Ninth Circuit Orders Plaintiffs to File Responses to Blair Rehearing Petitions

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We recently posted a discussion concerning the petitions for rehearing filed in the Blair v. Rent-A-Center appeals pending in the Ninth Circuit which raise the issue of whether the Federal Arbitration Act preempts...more

Akin Gump Strauss Hauer & Feld LLP

En Banc 9th Circuit: No Arbitration of State Claims by Unionized Employees, Unless Collective Bargaining Agreement Must Be...

• To compel a union employee’s state law claim into arbitration based on RLA or LMRA preemption, an employer must prove that (1) the CBA is the “only source” of the right that the employee asserts and (2) litigating the state...more

Carlton Fields

California Employment Law and Arbitration: The Battle Intensifies

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Tuesday, by a two-to-one vote, the Ninth Circuit joined the California Supreme Court in holding that Private Attorneys General Act (PAGA) claims are an exception to the Federal Arbitration Act. In Sakkab v. Luxottica Retail...more

Carlton Fields

California Employment Law and Arbitration: The Battle Intensifies

Carlton Fields on

Yesterday, by a two-to-one vote, the Ninth Circuit joined the California Supreme Court in holding that Private Attorneys General Act (PAGA) claims are an exception to the Federal Arbitration Act. In Sakkab v. Luxottica Retail...more

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