Arbitrator’s Authority Does Not Extend To Post-Arbitration Conduct

In Kelly v. Charles Schwab & Co., Inc., the California Court of Appeal affirmed an arbitration award rendered against a former Schwab investment advisor, with respect to the claims he brought against the brokerage. However, according to the court, the arbitrator went too far when he included in his award a $300 daily sanction intendedContinue reading “Arbitrator’s Authority Does Not Extend To Post-Arbitration Conduct”

Postmates Cannot Avoid Arbitration Of Class Action Claims

The Ninth Circuit has rejected Postmates’ request for a determination that the arbitrability of class action claims against it must be determined by the court, not an arbitrator. The agreement at issue specified for an arbitrator to determine arbitrability, except that “any claim that the Class Action Waiver is ‘unenforceable, unconscionable, void, or voidable shallContinue reading “Postmates Cannot Avoid Arbitration Of Class Action Claims”

Lower Court Erred By Not Determining Whether There Was An Agreement To Arbitrate

The Fifth Circuit, in Allen v. Vaksman Law Offices, P.C., summarily reversed the U.S. District Court for denying a law firm’s motion to compel arbitration of a former client’s claims. The lower court’s denial of arbitration was solely predicated on, as the appellate court described it, a finding “only that [plaintiff] Allen plausibly denied theContinue reading “Lower Court Erred By Not Determining Whether There Was An Agreement To Arbitrate”

“New Jersey Supreme Court Plugs Two Arbitration Agreement Holes, Giving Boost to Employers”

The recent New Jersey Supreme Court decisions in Skuse v. Pfizer, Inc. and Flanzman v. Jenny Craig, Inc., are the subject of this article in The National Law Review by Sills Cummis & Gross attorneys David Rosen and Jill Turner Lever.

Arbitration Agreement Between Staffing Company And Employee Did Not Encompass Claims Brought Against The Client To Whom The Employee Was Assigned

In Zachariah v. Rep Processing, LLC d/b/a Rimrock Energy Partners, the Colorado U.S. District Court refused to compel arbitration of FLSA claims brought by an employee of a staffing company (Kestrel) against the client to whom he had been assigned. The client sought to assert rights as a third party beneficiary of an arbitration agreementContinue reading “Arbitration Agreement Between Staffing Company And Employee Did Not Encompass Claims Brought Against The Client To Whom The Employee Was Assigned”

“Who Decides Who Decides? The Third Circuit Addresses the ‘Queen of All Threshold Issues’ in Arbitration Law”

This article by Thomas F. Howley and Robert T. Szyba of Seyfarth Shaw LLP, published in Lexology, begins: “Who decides the case: a court or an arbitrator? It’s a simple question at the core of any arbitration dispute. Then there’s the question of who decides who decides the case? Typically, the parties decide—they can decideContinue reading ““Who Decides Who Decides? The Third Circuit Addresses the ‘Queen of All Threshold Issues’ in Arbitration Law””

“Court Affirms FINRA Arbitration Award to Charles Schwab, Finding No Evident Partiality or Other Arbitrator Misconduct”

JD Supra has published this article by Benjamin Stearns of Carlton Fields, discussing the U.S. District Court in Nevada’s decision in Sanduski v. Charles Schwab & Co, Inc.