Court Finds Signed Arbitration Agreement Insufficient To Constitute Waiver Of Employee’s Right To A Judicial Forum

In Brody v. Culturesource, No. 20-11663 (D.Mich.) (November 9, 2020), a U.S. District Court refused to compel an employee to arbitrate claims against her former employer, finding that an electronically signed employment application did not constitute an enforceable waiver of her right to a judicial forum. According to the court: “The application was generated byContinue reading “Court Finds Signed Arbitration Agreement Insufficient To Constitute Waiver Of Employee’s Right To A Judicial Forum”

“What law governs your arbitration clause? You decide.”

In this article available through JD Supra, Victoria Clark of Bryan Cave Leighton Paisner posits as follows: “The governing law of an arbitration clause is important because it is law that is applied to determine any disputes over the validity, scope or interpretation of the agreement to arbitrate.   For example, if there is a disputeContinue reading ““What law governs your arbitration clause? You decide.””

“Dealership’s Finance Manager Had Duty to Inform Buyer of Inconspicuous Arbitration Clause in Purchase Agreement Due to False Impression that Buyer’s Signature Was Only to Verify Information”

JD Supra has published this article by Eric Johnson of Hudson Cook, LLP discussing the Oklahoma Supreme Court’s decision in Sutton v. David Stanley Chevrolet, Inc., 2020 Okla. LEXIS 94 (Okla. October 13, 2020). The article sets the stage as follows: “The buyer and a dealership signed a purchase agreement containing a dispute resolution clauseContinue reading ““Dealership’s Finance Manager Had Duty to Inform Buyer of Inconspicuous Arbitration Clause in Purchase Agreement Due to False Impression that Buyer’s Signature Was Only to Verify Information””

Divided Court Holds That Developer Waived Its Right To Arbitrate

By a 4-2 decision, the West Virginia Supreme Court held in Dan Ryan Builders, Inc. v. Williams that a real estate developer waived its right to compel arbitration of claims brought by purchasers of lots and homes alleging “development-wide soil movement, which caused damage to respondents’ properties.” Relying on stipulations signed by the parties, theContinue reading “Divided Court Holds That Developer Waived Its Right To Arbitrate”

Trust Agreement Did Not Empower Trustee To Compel Arbitration Of Claims He Breached Fiduciary Duties

In Burgess v. Johnson, the Tenth Circuit affirmed a lower court’s decison refusing to impose upon trust beneficiaries an obligation to arbitrate claims that the trustee wrongfully took trust assets and spent trust money. The trustee argued that he could compel arbitration because the trust instrument authorized the trustee “[t]o compromise, contest, submit to arbitrationContinue reading “Trust Agreement Did Not Empower Trustee To Compel Arbitration Of Claims He Breached Fiduciary Duties”

“Class Arbitration – Two Cautionary Tales for Employers”

Jeffrey McPhaul of Locke Lord LLP offers his take on recent decisions and non-decisions impacting the question of arbitral class actions in the employment arena in this article available on JD Supra. Mr. McPhaul advises that “employers should be cognizant of who (the court or arbitrator) is tasked with deciding the enforceability of the classContinue reading ““Class Arbitration – Two Cautionary Tales for Employers””

Application Of Federal, Rather Than State Law, Resulted In Order Compelling Arbitration

Pennsylvania federal court has compelled a former employee to arbitrate claims against her former employer pursuant to an agreement requiring arbitration, rejecting her contention that, under Pennsylvania substantive law, she was relieved of the obligation to arbitrate because her complaint also named as a defendant a related company that was not subject to the arbitrationContinue reading “Application Of Federal, Rather Than State Law, Resulted In Order Compelling Arbitration”

“Lessons From Above: SCOTUS Declines to Review a Class Arbitrability Case (the Issue Had Been Delegated to an Arbitrator)”

Those wrestling with questions regarding the arbitrability of class actions will find helpful this article by Gilbert Samberg of Mintz published in The National Law Review. Mr. Samberg uses the U.S. Supreme Court’s recent denial of certiorari in Jock v. Sterling Jewelers, Inc., 2019 U.S. App. LEXIS 34205 (2d Cir. Nov. 18, 2019), cert. den., No.Continue reading ““Lessons From Above: SCOTUS Declines to Review a Class Arbitrability Case (the Issue Had Been Delegated to an Arbitrator)””

Sports Agent Unsuccessful In Setting Aside Arbitration Award That Another Agent “Poached” His Client

Those interested in the world of NFL player agents may enjoy reading the federal court decision in France v. Bernstein denying a motion to vacate an arbitration award rejecting a claim that agent #2 poached Detroit Lions wide receiver Kenny Golladay as a client.

Courts Wrestle With Materiality Of Provision Designating Arbitration Forum

David Reif has the following interesting post in his October 30, 2020 “ADR Highlights”: “When the defendant in De Pompo v. IRINOX N.A., Inc., 2020 U.S. Dist. LEXIS 199455 (S.D. Fla.) (Oct. 27, 2020) refused to pay a share of the initial arbitration fee, the AAA closed the case and declined to administer any future employmentContinue reading “Courts Wrestle With Materiality Of Provision Designating Arbitration Forum”