Appeals Court Holds Arbitration Provision In Company’s Promotional Program To Be Unenforceable

In Soliman v. Subway Franchisee Advertising Fund Trust, Ltd., the Second Circuit recently reviewed in detail the circumstances in which an arbitration provision indirectly referenced in a company’s promotional materials will be enforced. Soliman involves a putative class action alleging a violation of the Telephone Consumer Protection Act predicated on allegations that the defendant failedContinue reading “Appeals Court Holds Arbitration Provision In Company’s Promotional Program To Be Unenforceable”

Court Rejects “Plaintiffs’ Attempt To Plead Around An Arbitration Clause”

Dave Reif’s ADR Highlights discusses the Western District of Washington’s decision in BioOrigyn, LLC. v. Fairhaven Health, Inc., 2021 U.S. Dist. LEXIS 104803 (W.D. Wash. June 3, 2021), in which the court rejected a party’s attempt “to avoid arbitration by ‘dropping’ certain … contract claims.” As the article explains, the court held that it would “notContinue reading “Court Rejects “Plaintiffs’ Attempt To Plead Around An Arbitration Clause””

“Thinking Of Vacating An Arbitration Award In An Ohio Court? There’s No Time For Vacation”

Taft Stettinius & Hollister has published this article in Mondaq, discussing the Ohio Supreme Court’s recent decision in BST Ohio Corp. v. Wolgang, in which the court held that an Ohio statute facially providing three months to seek vacatur of an award does not necessarily provide that much time. Instead, as the article explains, “ifContinue reading ““Thinking Of Vacating An Arbitration Award In An Ohio Court? There’s No Time For Vacation””

“Can arbitrators rely on their own internet research in an award?”

This article by Laurence Doering and Eileen Lobig, available on JD Supra, discusses international arbitration cases addressing arbitrators’ ability to conduct their own factual investigations outside the hearing. In particular, the article notes a German court’s recent decision affirming an award over claims that the arbitrators improperly conducted online research. This decision will surprise UnitedContinue reading ““Can arbitrators rely on their own internet research in an award?””

“Private Employment Arbitration Agreement Not Binding on Secretary of Labor When Bringing an Enforcement Action on Behalf of One Party to Agreement Against the Other”

Benjamin Stearns of Carlton Fields has this article in JD Supra, discussing the Ninth Circuit’s decision in Walsh v. Arizona Logistics, Inc. As the article explains, “[t]he Department of Labor brought an enforcement action against Arizona Logistics Inc. for alleged violations of the FLSA’s minimum wage, overtime, record-keeping, and anti-retaliation requirements resulting from the allegedContinue reading ““Private Employment Arbitration Agreement Not Binding on Secretary of Labor When Bringing an Enforcement Action on Behalf of One Party to Agreement Against the Other””

“Delaware Superior Court enforces a party’s contractual right to unilaterally determine whether certain disputes fall within the purview of an arbitration clause”

Lexology has published this article by Alexandria Murphy, Brian Rostocki and Benjamin Chapple of Reed Smith, discussing the decision in Diamond Materials, LLC v. Tutor Perini Corp., C.A. No. N20C-05-162-MAA, mem. op. (Del. Super. Ct. Apr. 30, 2021), in which the court enforced a contract provision that entitled “one party to the contract unilateral authorityContinue reading ““Delaware Superior Court enforces a party’s contractual right to unilaterally determine whether certain disputes fall within the purview of an arbitration clause””

“Ninth Circuit Upholds Arbitration for Non-Signatory Defendant”

Yvonne Arvanitis Fossati, Hazel, Poei and Scott Jang of Jackson Lewis have this article in The National Law Review, discussing the Ninth Circuit’s recent decision in Franklin v. Community Regional Medical Center, in which the court held that a staffing agency’s employee’s claims against the hospital to which she was assigned to work were subjectContinue reading ““Ninth Circuit Upholds Arbitration for Non-Signatory Defendant””

Court Stays Discovery Pending Determination Of Motion To Compel Arbitration

A California federal court has weighed in on the question of whether discovery should be permitted while determination of a motion to compel arbitration is pending. In Nguyen v. BMW of North America, LLC, the court, noting that “the Federal Rules of Civil Procedure do not automatically stay discovery when a potentially dispositive motion isContinue reading “Court Stays Discovery Pending Determination Of Motion To Compel Arbitration”

Arbitrators Exceeded Their Powers In Considering Waiver Issue, Although They Decided The Issue Correctly

When I read the Fifth Circuit’s recent decision in International Energy Ventures Management, L.L.C. v. United Energy Group, Limited, I thought about a news item years ago when an unlicensed individual was discovered working as a litigator in a law firm. Despite the absence of credentials, and the wrongfulness of his actions, he was consideredContinue reading “Arbitrators Exceeded Their Powers In Considering Waiver Issue, Although They Decided The Issue Correctly”

“After 75,000 Echo arbitration demands, Amazon now lets you sue it”

As many know, a number of corporations determined that the inclusion in their consumer agreement of a provision requiring arbitration on an individual and not class basis would substantially reduce the likelihood that they would defend claims, as the economics seemingly made the prosecution of claims cost-prohibitive given the potential recovery. However, as this articleContinue reading ““After 75,000 Echo arbitration demands, Amazon now lets you sue it””