News & Analysis as of

Federal Arbitration Act

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
Carlton Fields

Third Circuit Joins Other Circuits, Holds Uber Drivers Are Not Exempt From FAA

Carlton Fields on

In Singh v. Uber Technologies Inc., the Third Circuit Court of Appeals, in a precedential opinion, affirmed district court orders granting defendant Uber Technologies Inc.’s motion to compel arbitration, concluding that the...more

Carlton Fields

Seventh Circuit Affirms District Court’s Order Denying Application to Vacate Arbitration Award

Carlton Fields on

Donald Kinsella was an employee of defendant Baker Hughes Oilfield Operations LLC. In June 2013, he suffered a work-related injury resulting in his disability and receipt of disability benefits for three years. Baker Hughes’...more

Payne & Fears

Helping Employers Traverse the PAGA Jungle: Key Takeaways

Payne & Fears on

Navigating the Private Attorneys General Act (PAGA) landscape can be overwhelming for California employers. To help employers stay updated on the ever-evolving statute, this article highlights key takeaways from our recent...more

Manatt, Phelps & Phillips, LLP

California Supreme Court Hears Employment Case That May Limit Viking River SCOTUS Opinion

Manatt, Phelps & Phillips, LLP on

This week, California’s Supreme Court heard oral argument in Adolph v. Uber Technologies Inc., No. S274671, a case in which the Court is poised to decide whether it will, in effect, overrule part of a recent U.S. Supreme...more

Carlton Fields

En Banc Eleventh Circuit Overrules Prior Interpretation of New York Convention

Carlton Fields on

The Eleventh Circuit Court of Appeals has overruled long-standing precedent and joined the Second, Third, Fifth, and Seventh Circuits to hold that the grounds for vacatur of an arbitral award are set out in domestic law...more

Ballard Spahr LLP

Arbitration “Fair Act” reintroduced in Congress

Ballard Spahr LLP on

Recently, 37 Senators (36 Democrats, one Independent) and 84 members of the House of Representatives (all Democrats), led by Senator Richard Blumenthal of Connecticut and Congressman Hank Johnson of Georgia, reintroduced the...more

Carlton Fields

First Circuit Weighs in on FAA’s Transportation Worker Exception

Carlton Fields on

The First Circuit Court of Appeals recently clarified the standards for invoking the “transportation worker” exception to the Federal Arbitration Act. The court noted that fact-finding on that exception should focus on the...more

Carlton Fields

Mississippi Supreme Court Affirms Denial of Motion to Compel Arbitration of Wrongful Death Suit

Carlton Fields on

Noting that the Federal Arbitration Act applies to nursing home admission agreements that include a mandatory arbitration provision, the Mississippi Supreme Court affirmed the trial court’s order denying Belhaven Senior Care...more

Ervin Cohen & Jessup LLP

Uber Drivers Cannot Bring Class Action for Employment Claims

Ervin Cohen & Jessup LLP on

In a matter of first impression, a panel for the Third U.S. Circuit Court of Appeals recently affirmed a judgment of the District Court of New Jersey in Singh v. Uber Techs., Inc. (April 26, 2023), compelling arbitration in a...more

Bradley Arant Boult Cummings LLP

Not Interstate? You Must Arbitrate – Third Circuit Rules Uber Drivers Don’t Meet FAA Exception

Bradley Arant Boult Cummings LLP on

Can you require your workers to arbitrate claims? What if they work in interstate commerce? Recently several courts have addressed the scope of the Federal Arbitration Act (FAA) and when it applies to arbitration agreements...more

Allen & Overy LLP

The U.S. Eleventh Circuit Court of Appeals en banc overturns Industrial Risk and INPROSTA

Allen & Overy LLP on

Last year, we wrote about precedent in the U.S. Court of Appeals for the Eleventh Circuit holding that international arbitration awards issued in the U.S. and encompassed by the New York Convention can be vacated only under...more

Proskauer Rose LLP

Individual Arbitration of ERISA Breach of Fiduciary Duty Claims – Is it Possible and, if So, Is It Worth It?

Proskauer Rose LLP on

As plan sponsors and fiduciaries cope with the increased volume of class action Employee Retirement Income Security Act (ERISA) lawsuits, some have considered the prospects of reducing their exposure through arbitration...more

Proskauer - California Employment Law

The Fate of PAGA Representative Action Waivers in Arbitration Agreements will be Decided by August

Proskauer - California Employment Law on

As we reported (here), on June 15, 2022, a near unanimous U.S. Supreme Court held that the Federal Arbitration Act (“FAA”) preempted the California Supreme Court’s controversial decision in Iskanian v. CLS Transportation Los...more

Shook, Hardy & Bacon L.L.P.

Eleventh Circuit Overhauls the Grounds Under Which an International Arbitral Award can be Vacated, Annulled, or Set Aside

Shook, Hardy & Bacon L.L.P. on

Key points - In a major shift, the Eleventh Circuit has overruled prior jurisprudence and changed the grounds for vacatur (also called annulment or set-aside) of international arbitration awards, aligning with decisions...more

Foley & Lardner LLP

Eleventh Circuit Joins Its Sister Circuits in Holding that the FAA’s Grounds for Vacating Domestic Awards Are Available to...

Foley & Lardner LLP on

We recently wrote about the Eleventh Circuit’s May 2022 decision in Corporacion AIC, S.A. v. Hidroelectrica Santa Rita S.A. (AICSA v. HSR), holding that FAA grounds for vacating domestic arbitration awards are not available...more

Carlton Fields

New Jersey District Court Vacates Arbitrator’s Final Award Finding Bias and Deprivation of Fair Hearing

Carlton Fields on

Citing the Federal Arbitration Act (FAA), and recognizing the specific standards set forth in the FAA for vacating an arbitrator’s decision, the U.S. District Court for the District of New Jersey vacated an arbitrator’s final...more

MoFo Employment Law Commentary (ELC)

Cruising Down A Post-Viking River: A Look At Litigation Trends In The Nine Months Since The U.S. Supreme Court’s Decision In...

MoFo Employment Law Commentary (ELC) on

The U.S. Supreme Court’s decision in Viking River Cruises v. Moriana, 142 S. Ct. 1906 (2022), in June 2022 delivered a victory for California employers facing claims brought pursuant to the Labor Code Private Attorneys...more

Carlton Fields

Arizona District Court Confirms Arbitration Award, Denies Cross-Motion to Vacate

Carlton Fields on

Relying on the Federal Arbitration Act (FAA) and noting that the FAA “enumerates limited grounds on which a federal court may vacate, modify, or correct an arbitral award,” the U.S. District Court for the District of Arizona...more

Sheppard Mullin Richter & Hampton LLP

Fording Viking River, Another California Court of Appeal Holds That PAGA Plaintiffs Maintain Standing to Pursue “Representative”...

Sheppard Mullin Richter & Hampton LLP on

California’s Private Attorneys General Act of 2004 (“PAGA”) allows employees to act as an “agent” of the State of California and recover civil penalties for violations of the Labor Code through a civil action filed on behalf...more

Lathrop GPM

New York Federal Court Upholds Arbitrator’s Rejection of Choice-of-Law Provision

Lathrop GPM on

A federal court in New York recently upheld an arbitration award, rejecting an argument that the arbitrator had improperly applied Puerto Rico law. Conmed Corp. v. First Choice Prosthetic & Orthopedic Serv., 2023 WL 157957...more

Payne & Fears

[Event] Helping Employers Traverse the PAGA Jungle - May 2nd, Newport Beach, CA

Payne & Fears on

Several developments have surfaced in the past few months regarding PAGA standing in the wake of the U.S. Supreme Court’s Viking River Cruises decision. Payne & Fears is hosting an interactive, in-person event that aims to...more

Jackson Lewis P.C.

Retail Industry Workplace Law Update – Spring 2023

Jackson Lewis P.C. on

The Year Ahead in Caffeinated Organizing- With a White House and National Labor Relations Board that are more pro-labor than most recent past administrations, a “labor renaissance” will be the overarching theme of 2023....more

Carrington Coleman

No Interlocutory Appeal of Order Deferring Decision on Motion to Compel Arbitration

Carrington Coleman on

Builders moved to stay White’s lawsuit against it and to compel arbitration under the Federal Arbitration Act. White responded with a motion for a jury trial on the threshold issue of arbitrability. When the trial court...more

Stroock & Stroock & Lavan LLP

Pay On Time or Waive: Court of Appeal's Harsh Ruling on Arbitration Fees for Businesses

Stroock & Stroock & Lavan LLP on

The recent harsh ruling in Williams v. West Coast Hospitals, Inc., 86 Cal. App. 5th 1054 (2022), by the California Court of Appeal adopted a strict reading of the California statutes which require the drafting parties of...more

Carlton Fields

Ninth Circuit Reaffirms District Courts’ Discretion to Dismiss When All Claims Are Subject to Arbitration

Carlton Fields on

The Ninth Circuit Court of Appeals considered whether the Federal Arbitration Act (FAA) requires a district court to stay a lawsuit pending arbitration, or whether a district court has the discretion to dismiss when all...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

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How We Use Cookies and Other Tracking Technologies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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