News & Analysis as of

Remand Arbitration

Holland & Knight LLP

U.S. Supreme Court: Workers Who Transport Goods Are Exempt from FAA, Regardless of Industry

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The U.S. Supreme Court on April 12, 2024, decided Bissonnette v. LePage Bakeries Park St., LLC. The central issue revolved around the Federal Arbitration Act (FAA) and its applicability to workers engaged in interstate...more

Carlton Fields

D.C. Circuit Affirms Decision Vacating and Remanding Arbitration Decision

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The D.C. Circuit Court of Appeals recently affirmed a district court’s decision to vacate and remand an arbitration decision in a case concerning companies’ withdrawal from a retirement fund....more

Seyfarth Shaw LLP

PAGA Paraphrased – Seifu v. Lyft, Inc., 89 Cal.App.5th 1129 (2023)

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Seyfarth Synopsis: Another panel from the Second Appellate District issued an opinion, following Galarsa, Piplack, and Gregg, holding that a PAGA plaintiff compelled to individual arbitration retains standing to bring a...more

Bradley Arant Boult Cummings LLP

Improper Application of Arbitration Clause Leads to Remand in Properplates Case

Indiana, like other states, has a strong policy favoring arbitration agreements, and Indiana courts construe arbitration clauses broadly to make matters abitrable so long as they reasonably fit within the language of the...more

Nutter McClennen & Fish LLP

Massachusetts Highest Court Holds Grubhub Drivers Are Not Exempt from Arbitration under FAA

In Archer, et al. v Grubhub, Inc., the Massachusetts Supreme Judicial Court (SJC) ruled that § 1 of the Federal Arbitration Act (FAA) applies to Grubhub delivery drivers. The plaintiffs, former delivery drivers for Grubhub,...more

Carlton Fields

Georgia Court of Appeals Confirms Arbitration Award Holding That Arbitrator Did Not Manifestly Disregard Law or Overstep Authority

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Concluding that the arbitrator did not manifestly disregard contract law or overstep his authority, the Georgia Court of Appeals confirmed the arbitrator’s award and remanded the matter for consideration of an award of...more

Perkins Coie

Supreme Court Holds That Prejudice Is Not Part of an Arbitration Waiver Analysis Under the FAA

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The U.S. Supreme Court, in a May 23 decision, ruled that the federal policy favoring arbitration does not authorize federal courts to impose a prejudice requirement when evaluating whether a party has waived its right to...more

Burr & Forman

SCOTUS: Waiver of Arbitration Does Not Require Prejudice

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A unanimous Supreme Court held May 23 that a party’s waiver of its arbitration right does not require showing prejudice to an opposing party, because the Federal Arbitration Act (“FAA”) prohibits arbitration-specific rules....more

McGlinchey Stafford

Does CAFA permit appellate review of sua sponte remand orders? - Commercial Law Bulletin, April 5 2022

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Ohio- Substantially compliant acknowledgment clause WWSD, LLC v. Woods, 10th Dist. Franklin No. 20AP-403, 2022-Ohio-952- In this appeal, the Tenth Appellate District affirmed the trial court’s decision, agreeing that...more

Goodwin

Fifth Circuit Holds That Waiver of Right To Arbitrate Is Claim Specific

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On September 14, 2021, the United States Court of Appeals for the Fifth Circuit held that One Technologies, L.P. (One Tech) did not waive its right to compel arbitration of plaintiff’s federal claim under the Credit Repair...more

WilmerHale

CAFC Patent Cases - September #2

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Precedential Federal Circuit Opinions - In Re MAXPOWER SEMICONDUCTOR, INC. [ORDER]  (2021-146, 9/8/21) (O’Malley, Reyna, Chen) - Reyna, J.  Denying mandamus petition and dismissing appeal.  The Court declined to...more

Jaburg Wilk

Putting the Shine on Schein, and What Does Vin Diesel Have to Say About Arbitrations?

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As Dominic Toretto says: “Ask any racer, any real racer, it doesn’t matter if you win by an inch or a mile, winning’s winning.” “Fast and Furious” is the tenth highest-grossing film series ever, with a combined gross of over...more

Fisher Phillips

SCOTUS Punts Question Of Who Decides Arbitrability, Leaving 5th Circuit Decision To Stand

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The U.S. Supreme Court just refused to address the question of whether a carve-out in an arbitration agreement exempting certain claims from arbitration also exempts those claims from the agreement’s delegation of...more

Carlton Fields

Third Circuit Affirms Order Unsealing Arbitration Award

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The Third Circuit Court of Appeals recently affirmed an order unsealing an arbitration award because the award had been filed with the district court as part of confirmation proceedings and the recipient of the award had not...more

BakerHostetler

Once More Before the High Court – Henry Schein, Inc. v. Archer And White Sales, Inc. – But New Questions Emerge

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We know now under Epic Systems that arbitration agreements with class action waivers can be enforced, but questions continue to emerge from specific arbitral agreements and instances where they are silent on certain issues,...more

Carlton Fields

Determination of Valid Arbitration Agreement May Be Dependent on “Outward Manifestations and Circumstances Surrounding the...

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The Ninth Circuit vacated the denial of a motion to compel arbitration and remanded for determination of whether a valid arbitration agreement exists in a recent lawsuit governed by Washington state law. According to the...more

Carlton Fields

Fourth Circuit Vacates and Remands Denial of Motion to Stay Case Pending Arbitration After District Court Refuses to Consider...

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The Fourth Circuit recently vacated and remanded an order denying a motion to stay proceedings pending arbitration after concluding that the district court erroneously failed to consider evidence beyond the pleadings because...more

Carlton Fields

Supreme Court of Mississippi Enforces Arbitration Agreement

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The Supreme Court of Mississippi has reversed and remanded a trial court’s refusal to enforce an arbitration agreement after rejecting the plaintiff’s arguments against arbitration. The Court also instructed the trial court...more

Mintz - Arbitration, Mediation, ADR...

Arbitrability, Delegation, Carve-outs and Estoppel: SCOTUS Says “Welcome Back, Henry Schein”

On June 15, 2020, the U.S. Supreme Court welcomed back a familiar case by granting certiorari in Henry Schein, Inc. v. Archer and White Sales, Inc., No. 19-963. SCOTUS itself arguably made the case’s second visit to...more

Carlton Fields

First Circuit Vacates Order Compelling Arbitration Over Arbitrator Selection Clause

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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

Pillsbury Winthrop Shaw Pittman LLP

Important International Arbitration Issues Fill Supreme Court Docket

These rulings will likely impact critical strategic decisions early in international arbitrations. Recent Supreme Court decisions on international arbitration may clarify important issues and make for a more efficient...more

International Lawyers Network

Can Lawsuits under Breach of Alternative Dispute Resolution (ADR) Clauses Be Suspended Through Preliminary Injunction?

When civil disputes arise, in addition to seeking binding judgment through civil proceedings, parties can resolve the disputes through Alternative Dispute Resolution (ADR) mechanisms such as arbitration, settlement, and...more

Ballard Spahr LLP

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

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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

ArentFox Schiff

Fourth Circuit Court Allows Section 1782 Fact-Finding in a Private International Arbitration

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Last week, in Servotronics, Inc. v. Boeing Co., the Fourth Circuit became the latest United States Court of Appeals to allow Section 1782 discovery for use in private international arbitrations. Section 1782 is a powerful...more

King & Spalding

Who Decides Whether Your Dispute Will Be Arbitrated?

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Many contracts have provisions that state that disputes relating to the agreement will be resolved in arbitration. But often questions arise as to whether a particular dispute should be decided in arbitration or in court. ...more

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