“Who’s in Charge Here? Federal Circuit Says An Arbitrator, not District Court, Should Decide Arbitrability”

Matthew Hurley of Mintz has this article in the National Law Review, discussing the Ninth Circuit’s recent decision in ROHM Semiconductor USA, LLC v. MaxPower Semiconductor, where, as the article notes, the court followed established precedent to hold that “an arbitrator, not a federal district court, should decide whether a dispute arising from a technologyContinue reading ““Who’s in Charge Here? Federal Circuit Says An Arbitrator, not District Court, Should Decide Arbitrability””

Supreme Court Will Hear Case Regarding Arbitration Waiver

Under the Federal Arbitration Act, when does a party’s delay in seeking arbitration constitute a waiver of its contractual right? There is a split in the federal circuits, with a majority holding that prejudice must be demonstrated, while a minority holding that prejudice is only one factor to consider in determining whether a party hasContinue reading “Supreme Court Will Hear Case Regarding Arbitration Waiver”

The Language Used In An Arbitration Provision Matters

Although I have long since forgotten the genesis, I learned many years ago that the safest way to ensure an arbitration provision would capture the full scope of contractual matters between the parties was to use the incantation “all disputes arising out of or relating to the agreement.” Dave Reif’s most recent discussion of arbitrationContinue reading “The Language Used In An Arbitration Provision Matters”

“The Supreme Court Argument Only Underscored the Complexities of Federal Court Jurisdiction Over Arbitration Awards”

This Lexology article, by John Lewis at Baker Hostetler, nicely encapsulates the issues before the U.S. Supreme Court in the recently argued Badgerow v. Walters case. As the Court grapples with the language and intent of the Federal Arbitration Act, in particular regarding the subject matter jurisdiction of the federal courts to confirm or vacateContinue reading ““The Supreme Court Argument Only Underscored the Complexities of Federal Court Jurisdiction Over Arbitration Awards””

Ninth Circuit Applies High Bar To Establishing Economic Duress Regarding Execution Of Arbitration Agreement

Adam L. Sorensen and Lena H. Hughes of Morrison Foerster have this article, available in Lexology, discussing the Ninth Circuit’s recent decision in Dario Martinez-Gonzales v. Elkhorn Packing Co. LLC. Summarizing the court’s decision–which reversed the lower court for the asserted reason that “we are firmly convinced the district court overlooked key facts”–the author’s explainContinue reading “Ninth Circuit Applies High Bar To Establishing Economic Duress Regarding Execution Of Arbitration Agreement”

“Ninth Circuit Rejects Ex-Tinder Employee’s Attempt to Avoid Arbitration”

Scott Jang and Tyler Brown of Jackson Lewis have this article, available at Lexology, discussing the Ninth Circuit’s recent decision in Sanfilippo v. Match Group LLC, in which the authors explain the court held “that an ex-Tinder employee must arbitrate her claims against her former employer and cannot pursue her claims in court, even thoughContinue reading ““Ninth Circuit Rejects Ex-Tinder Employee’s Attempt to Avoid Arbitration””

Litigation Of Complaint Continues, While Court Orders Counterclaim Be Arbitrated

A federal case arising in Pennsylvania presents an interesting and unusual circumstance. Notwithstanding an arbitration agreement sufficiently broad to capture the dispute, a plaintiff employer brought suit against departing employees, alleging wrongdoing in connection with their establishment of a competing endeavor. The defendants, apparently comfortable with the judicial enforcement, did not seek to compel arbitrationContinue reading “Litigation Of Complaint Continues, While Court Orders Counterclaim Be Arbitrated”