News & Analysis as of

Motion to Compel

Reed Smith

Request for Reproduction Denied in Recent “Document Dump” Case

Reed Smith on

In Mills v. Steuben Foods, Inc., 19-CV-1178WMS(F) (January 13, 2023), the court denied the plaintiff's requests for reproduction of documents that the plaintiff asserted were not in a text-searchable format. In this...more

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

CDF Labor Law LLP

Discretion: The Better Part of Valor in Defending Against PAGA Claims

CDF Labor Law LLP on

Since the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana, employers have been implementing and enforcing arbitration agreements requiring employees to arbitrate their individual Private Attorneys’ General...more

Fisher Phillips

SCOTUS Predictions: Divided Court Will Reach Close Decision in Critical Arbitration Case

Fisher Phillips on

Employers that face lawsuits from employees often seek to move such claims from the courthouse to arbitration. But what happens if the trial court refuses to compel arbitration and the employer appeals the decision? Should...more

McGlinchey Stafford

When Do I Need to Establish Article III Standing? - McGlinchey Commercial Law Bulletin - May 2023

McGlinchey Stafford on

Ohio- Agent’s Liability Under Contract- Nat’l Church Residences v. Kessler, 3rd Dist. Union, No. 2023-Ohio-1437. The Third Appellate District reversed the trial court’s decision to grant the plaintiff summary judgment,...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

Morris James LLP

Chancery Resolves Dispute About Competing Forum Selection and Arbitration Provisions

Morris James LLP on

Fairstead Cap. Mgmt. LLC v. Blodgett, C.A. No. 2022-0673-JTL (Del. Ch. Jan. 6, 2023) - This case highlights the difficulties that can arise when relationships are governed by contracts with competing forum selection and...more

Calloquy, PBC

Recent Decision from U.S. District Court in Dallas Highlights Unique Role of Court Reporters

Calloquy, PBC on

In a recent decision lauding the work of court reporters, the United States District Court for the Northern District of Texas denied a defendant’s “Motion to Compel Compliance with Rule 30(e)(1) of the Federal Rules of Civil...more

Farrell Fritz, P.C.

Pitfalls for Corporate Counsel in Business Divorce Disputes

Farrell Fritz, P.C. on

No corporate lawyer wants to get drawn into a nasty litigation between an entity’s owners. But the reality is that corporate and general counsel often find themselves unwittingly ensnared in business divorce cases. Sometimes...more

BakerHostetler

Coinbase Inc. v. Bielski - Supreme Court Holds Oral Argument on the Issue of Whether an Interlocutory Appeal of the Denial of a...

BakerHostetler on

The Coinbase case involves a joint petition for writ of certiorari that could have a major impact on motions to compel arbitration under the Federal Arbitration Act (FAA). Coinbase, Inc. v. Bielski, Case No. 22-105 (oral...more

Eversheds Sutherland (US) LLP

US Supreme Court weighs whether discovery should continue pending interlocutory appeal

Eversheds Sutherland (US) LLP on

Last week the US Supreme Court heard arguments regarding whether the interlocutory appeal of a denial of a motion to compel arbitration should also automatically stay proceedings in the trial court such as discovery. The...more

Carlton Fields

Third Circuit Affirms Finding That Defendant Waived Its Arbitration Rights

Carlton Fields on

In White v. Samsung Electronics America Inc., the Third Circuit Court of Appeals, in a precedential opinion, affirmed a district court order denying defendant Samsung’s motion to compel arbitration, concluding that,...more

Carlton Fields

Ninth Circuit Affirms District Order Refusing to Compel Arbitration

Carlton Fields on

In City of Laurel, Mississippi v. Cintas Corp. No. 2, the Ninth Circuit Court of Appeals addressed the issue whether a valid arbitration agreement existed between the plaintiff City of Laurel, Mississippi, and defendant...more

Polsinelli

‘Alkutkar v. Bumble’: Securing Active Consent for Updated Terms of Service

Polsinelli on

Overview - The District Court for the Northern District of California recently provided guidance in Alkutkar v. Bumble Inc., No. 22-CV-00422- PJH (N.D. Cal. Sept. 8, 2022), reconsideration denied, No. 22-CV-00422-PJH,...more

Carlton Fields

Ninth Circuit Recognizes Precedent Restricting Arbitration-Favoring Rules, Compels Parties to Arbitrate Anyway

Carlton Fields on

In litigation “bookended by two Supreme Court decisions on arbitration,” namely, Epic Systems Corp. v. Lewis and Morgan v. Sundance Inc., the Ninth Circuit recognized Morgan’s holding prohibiting courts from creating...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published February 2023

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

Arbitration. The Ninth Circuit held Xerox waived its right to compel arbitration against putative class members when it acted inconsistently with its right to arbitrate prior to class certification in litigation against a...more

Genova Burns LLC

To Click or Not to Click: NJ Appellate Division Reaffirms Enforceability of Electronic Arbitration Agreements

Genova Burns LLC on

On March 7, 2023, in Dakota Powell vs. Prime Comms Retail LLC, the New Jersey Appellate Division ruled that a former employee must arbitrate her claims of race discrimination, rather than pursue them in court due to her...more

Carlton Fields

Arbitrability Is Question for Court in Case Alleging Fraud Regarding Agreement Between Parties

Carlton Fields on

The Court of Appeals of Maryland recently held that the question of arbitrability was for a court, not an arbitrator, to decide where the plaintiffs alleged that the defendants had fraudulently induced them to enter...more

Lewitt Hackman

Franchisee 101: The Ties That Won’t Bind

Lewitt Hackman on

An Oregon federal court denied a franchisor’s motion to compel the principals and personal guarantors of a franchisee into arbitration because the parties did not sign arbitration agreements in the franchise documents....more

Venable LLP

Ninth Circuit Rejects Dark Patterns Challenge to Arbitration Agreement

Venable LLP on

The Ninth Circuit has never been shy about declining to compel arbitration, and the Court has issued multiple cases outlining what constitutes sufficient notice of certain provisions in consumer-facing terms and conditions,...more

Epstein Becker & Green

New Jersey Appellate Division Qualifies Longstanding Arbitration Requirement That Waiver of Court Relief Must Be Express

Epstein Becker & Green on

Nearly a decade ago, the New Jersey Supreme Court in Atalese v. U.S. Legal Services Group, L.P., held that for an arbitration agreement to be enforceable, it had to contain an explicit waiver of the parties’ right to seek...more

Carlton Fields

Ninth Circuit Dismisses Appeal of Denial of Motion to Compel Arbitration as Moot After the Complaint Was Amended While the Appeal...

Carlton Fields on

The plaintiff’s original complaint relied on a certain purchase agreement (PA) that included an arbitration clause. While the appeal was pending, the lower court permitted the plaintiff to amend the complaint to no longer...more

Goldberg Segalla

Defendant’s Motion to Compel Settlement Agreements Granted

Goldberg Segalla on

Court: United States District Court for the District of Kansas In this action, plaintiff Dennis Dickenson filed suit after being diagnosed with mesothelioma and subsequently settled with two companies. Defendant Henkel moved...more

Carlton Fields

Two California Federal Courts Grant Motions to Compel Arbitration Where Arbitration Agreement is Neither Procedurally nor...

Carlton Fields on

In two separate consumer lawsuits against cryptocurrency exchange, Coinbase, federal trial courts in California granted Coinbase’s motions to compel arbitration based on the arbitration provision in its user agreement....more

Carlton Fields

Fifth Circuit Affirms Judgment Confirming Award Despite Concluding Lower Courts Erred by Not Considering Claim That Dispute Could...

Carlton Fields on

The Fifth Circuit affirmed judgments confirming an arbitration award despite concluding that the lower courts should have considered one of the party’s claims that a dispute decided by the arbitrator was beyond the scope of...more

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Updated: Dec 28, 2021:

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Privacy Officer
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150 Harbor Drive, #2760
Sausalito, CA 94965

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

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Updates to This Policy

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