“Delaware Supreme Court Finds that Court of Chancery Had Jurisdiction To Enjoin a Collateral Attack on a Prior Arbitration Award Under the Federal Arbitration Act”

JD Supra has published this article by Morris James attorneys Albert Manwaring, IV, Tyler O”Connell and Bryan Townsend, discussing the decision in Gulf LNG Energy, LLC v. ENI USA Gas Mktg., LLC, No. 22, 2020 (Del. Nov. 17, 2020) The article explains that the court determined it was appropriate to enjoin claims of “irregularities inContinue reading ““Delaware Supreme Court Finds that Court of Chancery Had Jurisdiction To Enjoin a Collateral Attack on a Prior Arbitration Award Under the Federal Arbitration Act””

“Ninth Circuit to Examine the Reach of Mandatory Employment Arbitration Agreements”

Katherine Galle and David Zwally of Haug Partners LLP have authored this article, available in JD Supra, discussing the upcoming appeal in Balan v. Tesla Motors Inc., No. C19-67 MJP, 2019 WL 2635903 (W.D. Wash. June 27, 2019), addressing the arbitrability of a defamation claim brought by a former employee against her employer. With theContinue reading ““Ninth Circuit to Examine the Reach of Mandatory Employment Arbitration Agreements””

“California appellate court concludes lender’s arbitration provision unenforceable”

Lexology has published this article authored by Buckley LLP, discussing the decision in Maldonado v. Fast Auto Loans, Inc., in which, as the article notes, the arbitration provision conflicted with California statutory rights to injunctive relief.

Court Rejects Arbitration Where It Accepted Employee’s Assertion That He Did Not Sign An Arbitration Agreement That Was Present In His File

Those attorneys who appreciate the importance of developing and presenting detailed factual arguments may enjoy reading the California appellate decision in Fisher v. Bird Rides, Inc., where the court denied an employer’s motion to compel arbitration, finding that the employee did not electronically sign an arbitration agreement. Although the employer produced electronic documents purporting toContinue reading “Court Rejects Arbitration Where It Accepted Employee’s Assertion That He Did Not Sign An Arbitration Agreement That Was Present In His File”

Automobile Manufacture Cannot Leverage Purchaser’s Agreement With Dealer To Compel Arbitration

In Guan v. BMW of North America, LLC, a California District Court, acknowledging a split of authority, held that an automobile manufacturer could not compel arbitration of a purchaser’s claims regarding defects in a new car based on a provision in the purchase agreement that required arbitration of claims between the purchaser and the dealerContinue reading “Automobile Manufacture Cannot Leverage Purchaser’s Agreement With Dealer To Compel Arbitration”

“Bringing a Case to Arbitration Should be Easier Following Recent Ninth Circuit Decision”

Amy Hoyt and Greg Kettles of Best Best & Krieger have authored this article, available in JD Supra, discussing the appellate decision in Langere v. Verizon Wireless Services, holding that “[a] plaintiff may not avoid arbitration and manufacture appellate jurisdiction simply by voluntarily dismissing his claims.”

Court Holds That Judiciary, Not The Arbitrator, Must Determine Whether An Enforceable Contract Exists

The North Dakota has overruled a lower court’s order compelling arbitration of a consumer’s claim against a time share provider. The consumer alleged high pressure sales tactics, as follows: “she attended a sales meeting with a Diamond Resorts representative, the sales meeting lasted approximately five hours, and she asked to leave the meeting on atContinue reading “Court Holds That Judiciary, Not The Arbitrator, Must Determine Whether An Enforceable Contract Exists”

Court Holds That Loan Refinancing Obviated Enforceability Of Arbitration Provision In Original Loans

In Sanh v. Opportunity Financial, LLC, a Washington District Court rejected a lender’s assertion that claims of usurious conduct brought by a borrower should be arbitrated under terms of the loan agreement. As the court explained, “Between April and August 2019, plaintiff entered into three loan agreements with FinWiseBank C/O Opportunity Financial, LLC. Each successiveContinue reading “Court Holds That Loan Refinancing Obviated Enforceability Of Arbitration Provision In Original Loans”

“Third Circuit Holds That an Arbitration Award Was a Judicial Record and Must Be Unsealed”

The National Law Review has published this article by Frederick Acomb and Emily Ladd of Miller Canfield, discussing the Third Circuit’s recent decision in Pennsylvania National Mutual Casualty Insurance Group v. New England Reinsurance Corp., Nos. 20-1635, 20-1872, 2020 WL 7663878 (3d Cir. Dec. 24, 2020), where the court “held that an arbitration award filedContinue reading ““Third Circuit Holds That an Arbitration Award Was a Judicial Record and Must Be Unsealed””

“Court Rejects Bid to Move BIPA Case to Binding Arbitration, Declining to Enforce Arbitration Clause in Terms of Service”

Kristin Bryan and Meghan Quinn of Squire Patton Boggs have this article in The National Law Review, discussing the Illinois District Court decision in  Sosa v. Onfido, Inc., 2021 U.S. Dist. LEXIS 658 (N.D. Ill.) refusing to compel arbitration of a lawsuit brought under Illinois’ Biometric Information Privacy Act.