In Goff v. Nationwide Mutual Insurance, Co., the Sixth Circuit held that an arbitration agreement that gave his employer “the right to change, alter, amend or otherwise modify such Arbitration Procedures and/or the Nationwide Arbitration Rules at any time and from time to time” was not procedurally unconscionable.
Monthly Archives: August 2020
Agreement To Arbitrate Enforceable, Even Though It Does Not Specify Procedures For The Selection Of The Arbitrator Or The Arbitral Process
In McCoy v. The Buccaneer, Inc., a U.S. District Court rejected an employee’s challenge to the arbitration of claims against his former employer. The court found enforceable a contract provision that specified arbitration even though the agreement failed to describe the arbitration process, how the arbitrators are to be selected or the forum for arbitration.
“Penny Wise?: Eleventh Circuit Reminds That a TCPA Defendant Can Lose the Right to Arbitrate a Case Where it Refuses to Front Arbitration Costs”
The National Review published this article by Eric Troutman of Squire Patton Boggs, discussing the Eleventh Circuit’s ruling in Graulau v. Credit One Bank, N.A. Defendant had successfully enforced an arbitration clause, but then refused to front the arbitration costs after the plaintiff filed an in pauperis motion. Addressing this issue, the court ruled thatContinue reading ““Penny Wise?: Eleventh Circuit Reminds That a TCPA Defendant Can Lose the Right to Arbitrate a Case Where it Refuses to Front Arbitration Costs””
“Amazon Loses Bid to Force Arbitration on Delivery Drivers”
Maria Dinzeo of Courthouse News Service has authored this article discussing the Ninth Circuit’s decision in Rittmann v. Amazon.com, Inc., holding that Amazon delivery drivers who do not cross state lines are nonetheless transportation workers engaged in interstate commerce, and thus are exempt from the Federal Arbitration Act’s requirement of arbitration. Ms. Dinzeo explains thatContinue reading ““Amazon Loses Bid to Force Arbitration on Delivery Drivers””
“Judge Grants Motion to Compel Arbitration in DoorDash Suit”
This article by Christina Tabacco in Law Street discusses the decision by the U.S. District Court for the Eastern District of New York in Arkin v. DoorDash, Inc., in which Judge Garaufis held a putative class action by DoorDash customers alleging deceptive conduct regarding tips ostensibly earmarked for delivery persons is subject to arbitration.
Law Firm’s Arbitration Agreement Unenforceable According To Texas Appellate Court
The Texas Court of Appeals has rejected a law firm’s motion to compel arbitration of a client’s claims against it, finding the arbitration agreement to be procedurally unconscionable. As summarized by the court: “In this case, … the entire atmosphere in which the agreement was made, provides some evidence to support an implied finding thatContinue reading “Law Firm’s Arbitration Agreement Unenforceable According To Texas Appellate Court”
“International Investment and Commercial Arbitration: Not a Spectator Sport”
Ana Portal of Shutts & Bowen has authored this article, published in JD Supra. As she posits, “international conventions and institutional arbitration rules recognize improper arbitral tribunal composition as one of the few reasons for annulment or setting aside of the award, or for non-recognition and non-enforcement of the award. Therefore, properly and fully vettingContinue reading ““International Investment and Commercial Arbitration: Not a Spectator Sport””
“Feuding Business Partners in Private Companies: Considering Arbitration to Resolve Partnership Disputes”
Ladd Hirsch of Wi.nstead has this article in National Law Review. Mr. Hirsch frames the topic as follows: “This post offers input for private company owners and investors to help them decide whether litigation or arbitration provides them with the best forum in which to resolve future disputes with their business partners.”
Court Expresses Displeasure With Attorneys, While Addressing Arbitrability
In Prescription Care Pharmacy, LLC v. Optumrx, Inc. a California Court of Appeal had this to say at the outset of its opinion: “This appeal presents for our review an example of what can happen when over-lawyering muddles a simple concept into opaque and sometimes inconsistent language. If the parties wish to arbitrate a dispute,Continue reading “Court Expresses Displeasure With Attorneys, While Addressing Arbitrability”
Former Employee Not Required To Arbitrate ESOP Claims
In Smith v. Greatbank Trust Company, a federal court in Illinois held that a former employee could not be forced to arbitrate claims arising out of an ESOP, when the arbitration provisions were added by way of an amendment to the Plan that was adopted after he left the company but before he was permittedContinue reading “Former Employee Not Required To Arbitrate ESOP Claims”