Patent Infringement: Successful Litigation Stays the "Course"
Courts are finding more workers who do not physically transport goods or people across state lines to be transportation workers exempt from arbitrating their claims under the Federal Arbitration Act (FAA). The U.S. Court of...more
In Biotricity, Inc. v. DeJohn, 8th Dist. Cuyahoga No. 113216, 2024-Ohio-1593, the Ohio Eighth Appellate District found that the trial court erred by refusing to stay discovery pending a ruling on a motion to compel...more
Seyfarth Synopsis: The Ninth Circuit recently extended the scope of which transportation workers are exempt from arbitration under the Federal Arbitration Act (“FAA”). In Carmona Mendoza v. Domino’s Pizza, LLC, – F.4th –,...more
On July 21, 2023, a unanimous three-judge panel once again affirmed a California federal court’s ruling that the truck drivers who deliver ingredients from Domino’s Southern California Supply Chain Center to Domino’s...more
In Hicks Unlimited, Inc. v. UniFirst Corporation, the Supreme Court of South Carolina agreed with a trial court ruling that the underlying contract between the parties, which included mandatory arbitration “to be governed by...more
Evenskaas v. California Transit Inc. reversed a Los Angeles Superior Court judge’s denial of an employer’s motion to compel arbitration of a former employee’s wage and hour class action. The trial court had concluded that the...more
The Ninth Circuit Court of Appeals recently concluded that the Federal Arbitration Act’s exemption for “workers engaged in foreign or interstate commerce” applied to drivers and precluded their employer from compelling...more
The Ninth Circuit denied a petition seeking to vacate an order compelling arbitration of an Uber driver’s putative class action. The district court held that rideshare drivers who pick up and drop off passengers at airports...more
On November 26, 2019, San Francisco Superior Court Judge Richard B. Ulmer ruled that the Federal Arbitration Act (“FAA”) might not apply to Uber drivers who are engaged in interstate commerce while driving passengers to or...more
A California Court granted Defendant’s motion to compel arbitration based on a duly formed and consented arbitration clause via a “clickwrap” agreement, despite Plaintiff’s argument that no contract was ever formed because...more
A federal appeals court decided last week that ride-share drivers engaging in interstate commerce while performing work for Uber should not be subject to the company’s arbitration agreement because of a recent Supreme Court...more
In a win for residential developers seeking an alternative forum to resolve construction-defect claims, the Nevada Supreme Court rules that arbitration agreements in CC&Rs are enforceable. Based on the following, the court...more
The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more
The Tennessee Court of Appeals at Jackson recently enforced a NY choice-of-law provision against an arbitration challenge, holding that courts determine contract-formation issues, while arbitrators decide the scope and...more