Whistling Ipse Dixit

The United States District Court for Delaware recently provided an exceptionally thorough and clear analysis of gateway arbitrability determinations, holding in Nidec Corporation v. Seagate Technology LLC that, under the parties’ contract, the issue was one for the arbitrator, not the court. The court’s decision is summarized in this article by Oskana Wright at FoxContinue reading “Whistling Ipse Dixit”

Court Rejects Intuit’s Efforts To Move 40,000 Arbitration Claims To Small Claims Court

The California Court of Appeal last week issued its decision in Intuit Inc. v. 9,933 Individuals, affirming a lower court ruling that denied Intuit’s request for a preliminary injunction seeking to enjoin approximately 40,000 pending consumer injunctions that “[e]ven if … conducted without hearings,” would cost Intuit $128 million in in arbitration costs. Intuit arguedContinue reading “Court Rejects Intuit’s Efforts To Move 40,000 Arbitration Claims To Small Claims Court”