Monthly Archives: July 2020

“Information aggregator tool to offer paid-for insight into leading arbitrators.” in an article in The Global Legal Post, Ben Rigby describes a new initiative by Arbitrator Intelligence to gather information and report on the performance of international arbitrators.

A federal court in Kentucky dismissed employment claims brought against the company by a plaintiff who opted to forgo the arbitration program in which he agreed to pursue such claims. In Anderson v. Charter Communications, the court determined that dismissal–rather than a litigation stay–was appropriate under Sixth Circuit law since all the claims were beingContinue reading “Court Upholds Arbitration Agreement Even Though It Could Result In Plaintiff’s Claims Being Time-Barred”

The Fashion Law has posted this article discussing a New York trial court decision issued in Andowah Newton v. LVMH, 154178/2019 (N.Y. Sup.) holding that an employment arbitration provision is overridden by a New York statute “which prohibits the enforcement of “agreements that force victims of sexual harassment to arbitrate their claims.’” The court also rejectedContinue reading ““Forget Arbitration, LVMH Lawyer’s Sexual Harassment Case Against the Luxury Titan Must Remain in Court””

The National Law Review has published this article by James J. Hartnett and Rachel A. Osdoba addressing the interplay between arbitration provisions in construction constracts and a contractor’s mechanics lien rights.

Michael Wolgin of Carlton Fields has posted this article in JD Supra regarding the recent decision in Cipolla v. Team Enterprises, LLC, No. 19-15964 (9th Cir. June 24, 2020). As Mr. Wolgin begins: “The delegation clause in the parties’ arbitration agreement provided that any ‘questions regarding the validity or enforcement of these Dispute Policies shallContinue reading ““Ninth Circuit Remands Order Denying Motion to Compel Arbitration That Failed to Address the Effect of Delegation Clause in Parties’ Arbitration Agreement””

In Williams v. Medley Opportunity Fund II, LP, the Third Circuit affirmed the denial of a motion to compel arbitration. The contract provided that tribal law would apply to the dispute. The court determined the choice of law provision unlawfully purported to obviate statutory provisions governing the payday loans in question. Because, in the court’sContinue reading “Third Circuit Holds Arbitration Agreement Unenforceable Based On Unenforceable Choice Of Law Provision”

In Essam Arafa v. Health Express Corporation (A-6-19) (083174) and Gloria Colon v. Strategic Delivery Solutions, LLC (A-7-19) (083154), the New Jersey Supreme Court posed the question as follows: “These appeals involve arbitration agreements in contracts for employment that,plaintiffs argue, fall within the ‘exemption clause’ of the Federal Arbitration Act (FAA),9 U.S.C. § 1 (sectionContinue reading “Court Reforms Contract To Uphold Arbitration Provision”

Gavin W. Skok and Kristen W. Broz have this article in CPO Magazine, which begins: “Consumer companies have increasingly been adding arbitration requirements and class action waiver clauses to their consumer terms and conditions.  The Supreme Court has been supportive of those clauses, but California lawmakers and courts have not. “

Emile Hallez writes in InvestmentNews about changes, or lack thereof, made by investment companies notwithstanding a favorable Ninth Circuit ruling last year permitting arbitration.

A New Jersey appellate court found no contractual ambiguity in a provision stating “that ‘EITHER YOU OR WE MAY CHOOSE’ arbitration and if arbitration is elected, any dispute ‘shall’ be subject to binding arbitration.”