News & Analysis as of

Contract Formation Arbitration Arbitration Agreements

Morgan Lewis

Third Circuit Rules on ‘Mind-Bending’ Arbitration Question

Morgan Lewis on

The US Court of Appeals for the Third Circuit recently issued a precedential decision on what it called “the mind-bending issue of arbitration about arbitration.” Relying on an arbitration agreement between the plaintiff and...more

Genova Burns LLC

A Real “Who Dunnit?”: Dispute Over Unsigned Arbitration Agreement Means Judges Must Wear Detective’s Cap

Genova Burns LLC on

​​​​​​​On July 18, 2022, the New Jersey Appellate Division provided a perfect reminder why all employers and HR professionals should diligently confirm that new hires complete all on-boarding paperwork. In Bhoj v. OTG...more

Miller Canfield

Michigan Court of Appeals Decision Cautions Need for Review of Arbitration Agreements in Employee Handbooks

Miller Canfield on

​​​​​​​On June 23, 2022, the Michigan Court of Appeals ruled that an arbitration agreement contained in a personnel manual was not enforceable because the associated disclaimer indicated that the manual did not create a...more

Carlton Fields

Eighth Circuit Finds Contract Formation Challenges to Be Decided by the Court, Affirms Order Denying Motion to Compel Arbitration

Carlton Fields on

Defendant Litong Capital LLC appealed from an order of the U.S. District Court for the Western District of Missouri. The district court denied Litong’s motion to compel arbitration of claims asserted by GP3 II LLC, having...more

A&O Shearman

Failure to comply with no oral modification provision prevented effective novation

A&O Shearman on

Re-iterating the power of so-called no oral modification provisions, the Supreme Court has said that an entity could not become a party to an agreement by novation unless it could show that the agreed contractual procedure...more

Carlton Fields

No “Meeting of the Minds” Where Material Terms of Arbitration Agreement Were Changed After Party Electronically Signed Document

Carlton Fields on

This action concerned a dispute between the plaintiffs, two individual investors, and the defendants, a financial planning adviser and her firm. After the plaintiffs’ investments did not work out as they had hoped, the...more

Morrison & Foerster LLP - Class Dismissed

Does A Consumer Arbitration Agreement Apply To A Company’s Future Affiliates? The Ninth And Fourth Circuits Disagree

If a company enters an arbitration agreement with a consumer, can its future affiliate companies enforce the arbitration agreement even though the affiliate relationship did not exist at the time the consumer signed the...more

Carlton Fields

Let Me Introduce My Affiliate: Fourth Circuit Enforces Arbitration Agreement on Motion by Affiliate, DirecTV, of Original Party to...

Carlton Fields on

On August 7, 2020, the Fourth Circuit Court of Appeals confronted the question whether this class action lawsuit against, inter alia, DirecTV was covered by an arbitration agreement in the contract governing plaintiff Diana...more

Mintz - Arbitration, Mediation, ADR...

The Arbitration Section In Your Employee Handbook Is Not An Agreement to Arbitrate

Federal law nowadays certainly favors enforcement of agreements to arbitrate. But generally applicable state contract law determines contract formation – i.e., whether such an agreement has been made. Contract formation...more

Troutman Pepper

GAR Know-How Construction Arbitration - United States

Troutman Pepper on

Legal System - 1. Is your jurisdiction primarily a common law, civil law, customary law or theocratic law jurisdiction? Are the laws substantially derived from the laws of another jurisdiction and, if so, which? What...more

Foley & Lardner LLP

Class Action Waivers: Silence May NOT Be Golden

Foley & Lardner LLP on

Since when does silence in a contract speak louder than words? The United States Supreme Court will soon answer this question in deciding whether an arbitration agreement between an employer and its employees can authorize a...more

Fisher Phillips

Postmates Shows It’s As Easy As 1-2-3 To Ensure Arbitration With Your Contractors

Fisher Phillips on

A recent decision from a federal court in California shows that there is a simple three-step process to follow if you want to ensure that your gig workers are found to be subject to your arbitration provisions. The judge’s...more

Carlton Fields

Eleventh Circuit Finds That Arbitration Clause In One Agreement Applies To Disputes Regarding A Related Agreement

Carlton Fields on

Does an arbitration clause in a one but not the other of two contracts executed by the same parties at the same time apply to a dispute regarding the contract that does not contain the arbitration clause? The Eleventh Circuit...more

Gray Reed

Ensuring that Your Employees’ Electronically-Signed Agreements are Enforceable

Gray Reed on

Duncey’s Caps, Inc. hired Bud Dunop as its new human resources manager for 2018. Bud quickly determined that Duncey’s needed a formal employee policy handbook. Included within the handbook was an arbitration agreement...more

Carlton Fields

Supreme Court Holds Federal Arbitration Act Preemption Applies To Contract Formation Rules

Carlton Fields on

Last week, the U.S. Supreme Court rejected the Kentucky Supreme Court’s use of a clear-statement rule to require that powers of attorney specifically authorize a representative to enter into an arbitration agreement, finding...more

Hinshaw & Culbertson LLP

California Court Allows Employee to Disaffirm Arbitration Agreement Due to Age

We thought we'd heard everything! This is a new one, that's for sure. It's no secret that employees try to wiggle out of arbitration agreements all of the time. There are the usual digs: the agreement was buried in the middle...more

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

Is Your Arbitration Agreement Still Enforceable in Missouri After Baker v. Bristol Care, Inc.?

This summer, the Missouri Supreme Court issued a decision that will affect arbitration agreements relied on by employers across the state. The decision—one of many in a recent trend of Missouri cases restricting the...more

BakerHostetler

Employee Accepted Arbitration Offer When She Continued to Work, Sixth Circuit Rules

BakerHostetler on

In a Halloween treat for employers, the Sixth Circuit ruled this morning that an employee had contractually agreed to arbitrate any employment disputes, by continuing her employment after having been notified of the...more

Hinshaw & Culbertson LLP

Oppression and Surprise Render Arbitration Provision Unenforceable

In Vargas v. SAI Monrovia, the California Court of Appeal for the Second Appellate District addressed the enforceability of an arbitration provision in a vehicle purchase agreement. The court held that the arbitration...more

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