Contract Terms, Appellate Courts, Arbitration

Say the Magic Word: Fourth Circuit Imposes High Standard for Showing that Federal Statute Precludes Enforcement of Agreement to...

Robinson Bradshaw on 4/9/2025

A recent Fourth Circuit decision extends the trend of cases refusing to use federal statutes to invalidate arbitration agreements waiving the right to bring class claims in federal court. The statute at issue in Espin v....more

California Court of Appeal Ends Headless PAGA Actions in Leeper v. Shipt

K&L Gates LLP on 1/20/2025

The California Court of Appeal, Second Appellate District, in Leeper v. Shipt, Inc., No. B339670, 2024 WL 5251619 (Cal. Ct. App. Dec. 30, 2024) (Leeper) issued a significant decision benefiting employers seeking to enforce...more

Ninth Circuit Provides Long-Awaited Guidance on Mass Arbitration Provisions

Benesch on 11/15/2024

In the long-awaited newest chapter of case law discussing the validity and enforceability of arbitration clauses and class action waivers, the Ninth Circuit on October 28, 2024, dealt a setback, though not a fatal blow, to...more

New York Appellate Court Reverses Order Compelling Arbitration, Holds Collective Bargaining Agreement Arbitration Provisions...

Carlton Fields on 6/29/2023

New York statutes classify certain civil service positions as exempt where such positions are confidential in nature and require personal qualities that cannot practicably be tested by an examination. These positions are...more

Contractor Loses Effort to Bind Remote Home Purchaser to Arbitration Clause

Bradley Arant Boult Cummings LLP on 12/18/2020

On December 8, 2020, in Taylor Morrison of Texas, Inc. v. Kohlmeyer, a Texas Court of Appeals rejected a contractor’s appeal of a trial court order denying the contractor’s motion to compel arbitration in a home construction...more

Dealership's Finance Manager Had Duty to Inform Buyer of Inconspicuous Arbitration Clause in Purchase Agreement Due to False...

Hudson Cook, LLP on 11/9/2020

The buyer and a dealership signed a purchase agreement containing a dispute resolution clause ("DRC"). The DRC, in the middle of the purchase agreement, was the only provision in red ink, was in a smaller font and called for...more