Monthly Archives: July 2021

I missed the Texas Court of Appeals decision in Burke v. Roberson, when it issued late last year. Better late than never, as I have been clued into this significant opinion by this article in The National Law Review authored by Sydney Warren and David Pugh of Bradley Arant. As the article summarizes, the courtContinue reading “Failure To First Mediate Voids Arbitration Award”

Johnson v. Menard, Inc. involved a former employee’s lawsuit alleging discrimination. The employer unsuccessfully sought to compel arbitration, and the Missouri Court of Appeals affirmed the denial. The agreement included language providing for arbitration in accordance with American Arbitration Association rules, including the AAA provision that “[t]he arbitrator shall have the power to rule onContinue reading “Court Holds Arbitration Agreement That Permitted Modification By Employer To Be Unenforceable”

Frederick Acomb and Ahmad Chehab have this article in The National Law Review, discussing the Ninth Circuit’s decision in Setty v. Shrinivas Sugandhalaya LLP, holding that, in an international arbitration, “a non-signatory can in fact enforce an arbitration clause under the doctrine of equitable estoppel provided the claims in the case are “intertwined” with theContinue reading ““Ninth Circuit Underscores the Need for Careful Drafting of International Arbitration Clauses””

In his ADR Highlights blog, Dave Reif provides an excellent discussion of the Second Circuit’s recent decision in DDK Hotel, LLC v. Williams-Sonoma, Inc., noting that “the holding is a big deal in the litigation of motions to compel arbitration.” In DDK Hotel, the parties’ agreement incorporated by reference the American Arbitration Association Commercial Rules,Continue reading “Second Circuit Holds Court, Not Arbitrator, Must Decide Whether A Dispute Is Arbitrable”

John Lewis of Baker Hostetler has this article, available in Lexology, discussing a California appellate court’s decision in Western Bagel Co. Inc. v. Superior Court of Los Angeles County and Jose Calderon, in which the trial court had rejected an employer’s motion to compel binding arbitration because the agreement contained a material inconsistency. Paragraph 1Continue reading ““Arbitration Agreement with Conflicting Provision in Two Languages Saved by FAA Default Rule””

The New York Times reports in this article, which begins as follows: “Amazon told customers this week that it would no longer require them to resolve their legal complaints involving the technology giant through arbitration, a significant retreat from a strategy that often helps companies avoid liability.” The Times notes that Amazon’s email to itsContinue reading ““Amazon Ends Use of Arbitration for Customer Disputes””

Lexology has published this article by Buckley, discussing the decision by a California federal court in Hayden v. The Retail Equation, Inc. refusing to find that a retailer was a third party beneficiary of a consumer’s agreement with its credit card company. Summarizing the decision, the article notes that “the contract did not clearly ‘expressContinue reading ““District Court says retailer not an intended third-party beneficiary of a credit card arbitration provision””

Matthew Allen of Carlton Fields has this article, available in JD Supra, discussing the Eleventh Circuit’s recent decision in Calderon v. Sixt Rent A Car, LLC, in which the court held that a customer’s agreement with orbitz.com to arbitrate disputes related to “any services or products provided,” did not extend to the customer’s dispute withContinue reading ““Eleventh Circuit Judge Suggests Substantive Canon of Interpretation Favoring Arbitration Conflicts With Textualism””

Jonathan Ayers of Bilzin Sumberg has this article in JD Supra, discussing the Florida Circuit Court decision in Coach Homes II at Gran Paradiso Condominium Association, Inc. v. Lennar Homes, LLC , in which the court held that a condominium association’s claims against the developer for construction defects were subject to provisions in the condominium declarationContinue reading ““Trial Court Order Enforces Condominium Declaration’s Pre-Suit Mediation and Arbitration Provisions””

Shmuel Vasser of Dechert has this article in JD Supra, discussing the Maryland Bankruptcy Court’s decision in In Re McPherson, addressing the interplay between the competing judicial presumptions favoring enforcement of arbitration agreements and the centralization of claim determination in bankruptcy proceedings. As the article explains, the court resolved the conflict by holding that non-coreContinue reading ““Automatic Stay Must Give Way: Bankruptcy Court Lets Non-Core Claims Be Decided Through Arbitration””