News & Analysis as of

Motion to Compel Vacated

Carlton Fields

Denial of Motion to Compel Arbitration Vacated by Second Circuit Due to Insufficient Record Evidence of Presentment of “Scrollwrap...

Carlton Fields on

Nicole Zachman brought a putative class action against the Hudson Valley Federal Credit Union (HVCU) for breach of contract and violation of the federal Electronic Fund Transfer Act, among other claims, based on HVCU’s...more

Carlton Fields

Wisconsin Federal Court Vacates Order Compelling Arbitration and Reopens District Court Case, Finding “Extraordinary...

Carlton Fields on

Marcia Laude filed suit alleging that her late husband was not adequately cared for while residing in a nursing home operated by the defendants. In 2019, a Wisconsin district court granted the defendants’ motion to compel...more

Snell & Wilmer

In California the Housing Crisis Yields to Luxury Spas

Snell & Wilmer on

A recent court of appeal opinion out of San Diego demonstrates how the California Environmental Quality Act (“CEQA”) has once again been used to impede housing development—this time to the benefit of a high-end luxury spa. ...more

Spilman Thomas & Battle, PLLC

Crosmun v. The Trustees of Fayetteville Technical Community College Provides Much Needed Guidance to North Carolina Courts on How...

The Court of Appeals of North Carolina's decision in Crosmun v. The Trustees of Fayetteville Technical Community College, ___ N.C. App. ___, 832 S.E.2d 223 (2019) provides much needed guidance to North Carolina courts on how...more

Carlton Fields

First Circuit Vacates Order Compelling Arbitration Over Arbitrator Selection Clause

Carlton Fields on

The First Circuit vacated an order compelling arbitration after finding that the arbitrator selection clause was unconscionable. The court nevertheless remanded the case to the district court to determine if the selection...more

Ballard Spahr LLP

Supreme Court Agrees to Decide Arbitration Issue (But Not the Expected One)

Ballard Spahr LLP on

On June 15, 2020, the U.S. Supreme Court granted certiorari in Henry Schein, Inc. v. Archer and White Sales, Inc. to decide a question that has divided the federal circuit courts and state supreme courts: “whether a provision...more

Carlton Fields

Hawaii Supreme Court Finds Arbitration Clause Not Applicable Where Defendants Fail to Comply With Statutory Arbitration Notice...

Carlton Fields on

The Supreme Court of Hawaii vacated the decisions of the intermediate appellate court and the circuit court, which found that the plaintiff’s claims against her former law firm and law partner were subject to the arbitration...more

Skadden, Arps, Slate, Meagher & Flom LLP

2019-20 Supreme Court Update

The U.S. Supreme Court’s 2019-20 term is receiving substantial attention for cases involving signature initiatives of President Donald Trump’s administration. But the Court also maintains an extensive docket directly relevant...more

Payne & Fears

Key California Employment Law Cases: September 2019

Payne & Fears on

ZB, N.A. v. Super Ct. of San Diego Cty., 8 Cal. 5th 175, 252 Cal. Rptr. 3d 228 (2019) - Summary:  Employee may not recover unpaid wages under Labor Code section 558 through PAGA. Facts:  Plaintiff Lawson worked for...more

Payne & Fears

Key California Employment Law Cases: August 2019

Payne & Fears on

OTO, L.L.C. v. Kho, 8 Cal. 5th 111, 251 Cal. Rptr. 3d 714 (2019) - Summary:  Mandatory arbitration agreement may be unenforceable against employee wage claims if agreement requires employee to forego Labor Commissioner...more

Williams Mullen

Who Decides The Arbitrability of The Dispute – Part II

Williams Mullen on

In July 2018, our Construction Alert addressed the question of who decides the arbitrability of a dispute when your contract includes an arbitration clause. Is it a court or the arbitrator? How did the “wholly groundless”...more

Troutman Pepper

Adopting AAA Rules to Govern Arbitration Proceedings May - or May Not - Allow U.S. Arbitrators to Decide Gateway Questions of...

Troutman Pepper on

Can arbitrators determine what issues they have the power to decide? According to the U.S. Supreme Court, they can, provided there is “clear and unmistakable evidence” the parties intended to delegate threshold questions to...more

Butler Snow LLP

SCOTUS Finds “Wholly Groundless” Exception to Arbitrability Inconsistent with Federal Arbitration Act

Butler Snow LLP on

Arbitration clauses are commonplace in corporate transactions, including those in the product liability arena. Whether the agreement concerns the distribution of a product to a seller or the sale of a product to a consumer,...more

Foley & Lardner LLP

Another Win for Arbitration: Supreme Court Rejects “Wholly Groundless” Exception to Arbitrability

Foley & Lardner LLP on

In January 2019, the U.S. Supreme Court issued a decision confirming the broad power of arbitrators and the strict enforcement of arbitration agreements. In a unanimous decision authored by Justice Kavanaugh, the Court in...more

Foley & Lardner LLP

Supreme Court Gives Teeth to Delegation Clauses in Arbitration Provisions

Foley & Lardner LLP on

Taking the time to include a well-crafted arbitration agreement in your employment contracts sometimes feels like a moot point, but a recent unanimous U.S. Supreme Court opinion in Henry Schein, Inc. v. Archer & White Sales,...more

Carlton Fields

U.S. Supreme Court Holds Arbitrability Questions Not Subject to A “Wholly Groundless” Exception

Carlton Fields on

Archer & White Sales, Inc. (“Archer”) sued Henry Schein, Inc. (“Schein”) in federal court seeking both monetary and injunctive relief....more

Baker Donelson

A Win for Employers: Justice Kavanaugh and Supreme Court Issue Pro-Arbitration Opinion

Baker Donelson on

In his first opinion since being confirmed to the Supreme Court, Justice Kavanaugh was joined by his fellow justices in unanimously deciding that delegation clauses in arbitration agreements must be enforced. Delegation...more

Mintz - Arbitration, Mediation, ADR...

The Bermann Objection: Re-Thinking the “Clear and Unmistakable” Manifestation Test re Who Decides Arbitrability Issues

Gateway issues of arbitrability are presumptively for a court, rather than an arbitrator, to decide in the first instance. First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938 (1995). But arbitration is a creature of...more

Kelley Drye & Warren LLP

Supreme Court and Second Circuit Issue Pair of Rulings Expanding Authority of Arbitration Tribunals in U.S.

In 1925, Congress passed and President Coolidge signed the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., which provides that arbitrators, not judges and juries, must decide the issues that the parties agreed to...more

Husch Blackwell LLP

SCOTUS Releases Unanimous Opinions In Two Arbitration Cases

Husch Blackwell LLP on

In the past two weeks, the U.S. Supreme Court released two unanimous opinions regarding enforcement of arbitration agreements under the Federal Arbitration Act (FAA), Henry Schein, Inc. v. Archer and White Sales, Inc., and...more

Kilpatrick

Arbitration Justice Kavanaugh eliminates wholly groundless exception to delegation clauses

Kilpatrick on

Takeaway: Justice Kavanaugh’s first Supreme Court opinion is yet another High Court reminder that, when it comes to arbitration, the contract controls. If parties agree that an arbitrator should resolve the “gateway” issue...more

McGuireWoods LLP

Arbitration Roundup: Three Recent Cases Consider the Interpretation and Enforceability of Arbitration Agreements

McGuireWoods LLP on

The Supreme Court and the Third Circuit decided three cases in the last week relating to the interpretation and enforceability of arbitration agreements. We discuss them below. Third Circuit Compels Arbitration of an...more

King & Spalding

The Supreme Court Strengthens Ability of Arbitrators to Determine Their Own Jurisdiction

King & Spalding on

On January 8, 2019, the U.S. Supreme Court issued a unanimous opinion in Henry Schein, Inc. v. Archer & White Sales, Inc.—the first opinion authored by Justice Brett Kavanaugh—reaffirming that, where parties have agreed to...more

Alston & Bird

Supreme Court Rejects the “Wholly Groundless” Exception to Arbitrators Determining Arbitrability

Alston & Bird on

Our International Arbitration & Dispute Resolution Team examines how the Supreme Court resolved a circuit split over who decides the question of arbitrability—i.e., whether a claim falls within the scope of an arbitration...more

BakerHostetler

Supreme Court Decides First Arbitration Case on Its Docket – Henry Schein, Inc. v. Archer & White Sales, Inc.

BakerHostetler on

As we noted in our Dec. 19, 2018, blog article, there were three arbitration cases involving the Federal Arbitration Act (FAA), all argued in October 2018, pending on the Court’s docket. Now, in a unanimous opinion written by...more

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