“Client Alert: S.C. Supreme Court finds Arbitration Agreement Executed by POA Unenforceable”

G.P. Diminich, Laura Johnson Evans, Mary B. Ramsay and Lisa T. Thomas of Shumaker Loop & Kendrick have this article in Lexology, discussing the South Carolina Supreme Court’s decision in Arrendondo v. SNH SE Ashley River Tenant, LLC, holding that an arbitration agreement with an assisted-living facility signed by the attorney-in-fact/agent of a resident ofContinue reading ““Client Alert: S.C. Supreme Court finds Arbitration Agreement Executed by POA Unenforceable””

Third Circuit Holds Uber Cannot Force Arbitration Of Discrimination Claims

In O’Hanlon v. Uber Technologies, Inc., the Third Circuit framed the issue as follows: “As Uber would tell it, when Plaintiffs filed their disability-discrimination suit in federal court, they wound themselves in a Gordian knot: They do not have standing to sue unless they would agree to Uber’s Terms of Use, but those terms wouldContinue reading “Third Circuit Holds Uber Cannot Force Arbitration Of Discrimination Claims”

“Court Finds Pre-Hearing Nonparty Deposition Subpoenas Permitted by FAA, and Rule 45 Territorial Limit Not a Bar for Virtual Deposition”

JD Supra has published this article by Alex Silverman of Carlton Fields, discussing the District Court of Minnesota’s recent decision in International Seaway Trading Corp. v. Target Corp., disagreeing with decisions from other circuits and holding that Eighth Circuit precedent permitting a pre-hearing document subpoena also authorizes pre-hearing deposition subpoenas. According to the court, “[t]heContinue reading ““Court Finds Pre-Hearing Nonparty Deposition Subpoenas Permitted by FAA, and Rule 45 Territorial Limit Not a Bar for Virtual Deposition””

“New Jersey Appellate Court Rules Judgment Creditor Not Subject to Mandatory Arbitration Provision in Insurer’s Policy”

Goldberg Segalla attorneys Christian A. Cavallo, Marci Goldstein Kokalas, David L. Brown and Jeffrey L. Kingsley have authored this article, available at Lexology, discussing the New Jersey Appellate Division’s decision in Crystal Point Condo. Assoc., Inc. v. Kinsale Insurance Co., ruling that a condominium association seeking to recover a default judgment obtained against insureds underContinue reading ““New Jersey Appellate Court Rules Judgment Creditor Not Subject to Mandatory Arbitration Provision in Insurer’s Policy””

Ninth Circuit Vacates Labor Arbitration Award, Finding That “Following The Presentation Of Evidence, Matters Took A Bizarre Turn”

A Ninth Circuit panel, by a 2-1 vote, vacated a labor arbitration award entered in favor of the employee, holding that “the proceedings violate[d] the rule of fundamental fairness.” In Costco Wholesale Corporation v. International Brotherhood of Teamsters, Local No. 542, the court recounted the events that supported its decision of vacatur: The arbitrator engagedContinue reading “Ninth Circuit Vacates Labor Arbitration Award, Finding That “Following The Presentation Of Evidence, Matters Took A Bizarre Turn””

Arbitrability Of Rideshare Driver Claims

A couple of days ago, I noted the Southern District in MD Islam v. Lyft recently determined that rideshare drivers are engaged in interstate commerce, thereby falling within an exception to the Federal Arbitration Act and rendering an arbitration provision in their agreement to be unenforceable under federal law. Nonetheless, the court held that arbitrationContinue reading “Arbitrability Of Rideshare Driver Claims”

“6th Circuit: Delegation clause in arbitration agreement keeps case out of court”

The Sixth Circuit’s recent decision in Swiger v. Rosette is the subject of this article by the Buckley law firm, available at Lexology. As the article explains, “[o]n remand, the 6th Circuit stated that its decision does not bear on the merits of the case but merely addresses who resolves the plaintiff’s challenges to theContinue reading ““6th Circuit: Delegation clause in arbitration agreement keeps case out of court””

Rejection Applicability Of FAA, Federal Court Nonetheless Holds Rideshare Drivers Claims Are Arbitrable Under State Law

In MD Islam v. Lyft, the Southern District of New York, noting “that this is a close question that has divided courts to date, sided with those holding “that rideshare drivers in the United States are a ‘class of workers engaged in . . . interstate commerce,’ 9 U.S.C. § 1, such that the FederalContinue reading “Rejection Applicability Of FAA, Federal Court Nonetheless Holds Rideshare Drivers Claims Are Arbitrable Under State Law”

“Apple Can’t Force Arbitration in Consumer Privacy Lawsuit, Federal Judge Rules”

Tom McParland of New York Law Journal discusses in this article the Southern District of New York’s decision in Ohanian v. Apple Inc., in which the court rejected Apple’s contention that the doctrine of equitable estoppel enabled it to compel arbitration of a proposed class action alleging “that Apple’s operating-system flaw, combined with T-Mobile’s practice of recyclingContinue reading ““Apple Can’t Force Arbitration in Consumer Privacy Lawsuit, Federal Judge Rules””

“FAA Trumps NJLAD: NJ Superior Court Upholds Employer’s Arbitration Agreement in NJLAD Case”

As have other states, New Jersey recently enacted legislation purporting to protect employees’ rights to pursue claims in court rather than arbitration. This article, by Erica Clifford of Genova Burns, available at JD Supra, addresses the lower court decision in Janco v. Bay Ridge Automotive Management Corp., holding that New Jersey’s amendment to its LawContinue reading ““FAA Trumps NJLAD: NJ Superior Court Upholds Employer’s Arbitration Agreement in NJLAD Case””