50% Company Owner Subject To Company’s Arbitration Agreement

The U.S. District Court in Maryland has held that a 50% shareholder of a company that provided pickup and delivery services to Fed Ex is subject to the arbitration provision that the company executed with Fed Ex. In Sui v. FedEx Ground Package System, Inc., the court found determinative that the plaintiff’s claims were basedContinue reading “50% Company Owner Subject To Company’s Arbitration Agreement”

Non-Brokerage Customer Seeks To Arbitrate Claims Based Upon Broker’s Offering Materials

“UBS Says Investor in “Called” ETNs Can’t Arbitrate Loss.” Vicky Ge Huang provides this article at AdvisorHub, which begins “UBS Financial Services has asked a Texas court to enjoin an investor from pursuing his securities fraud arbitration claim tied to UBS leveraged exchange-traded notes because he is not a UBS customer.”

Plaintiffs’ Counsel Contemplating 9100 Individual Arbitration Claims In lieu Of Class Action

“Latest mass arbitration wrinkle: Plaintiffs’ lawyers want court permission to contact DirecTV customers.” Alison Frankel of Reuters has an article that begins, “One of the big disincentives for plaintiffs’ lawyers contemplating mass consumer arbitration has always been the cost of finding clients. It’s an economics thing. You don’t want to spend a lot of moneyContinue reading “Plaintiffs’ Counsel Contemplating 9100 Individual Arbitration Claims In lieu Of Class Action”

Court Holds Employment Application Requires Arbitration

“California Brewery Worker Must Arbitrate Background Check Claims.” Jacklyn Wille of Bloomberg Law reports on this decision by the U.S. District Court (California) in Dominguez v. Stone Brewing Co., which begins with the observation that “California craft brewery Stone Brewing Co. successfully maneuvered a proposed class action challenging its employment applications and background checks intoContinue reading “Court Holds Employment Application Requires Arbitration”

Arbitration Pre-Emption Battle Takes Shape

“WeWork Executive Wants Fast Appeal of N.Y.-Based Arbitration Ban.” Patrick Dorrian has this article in Bloomberg Law, which describes the legal issue as follows: “Ayesha Whyte wants the Southern District of New York to certify for interlocutory review for the Second Circuit the question of whether the Federal Arbitration Act preempts New York Civil PracticeContinue reading “Arbitration Pre-Emption Battle Takes Shape”

Court Erred In Ignoring An Arbitration Award That Entered Prior To The Court Deciding Similar Issues

The New York Appellate Division determined that timing is everything, in reversing an Administrative Law Judge’s decision that ignored a contrary decision of a labor arbitration. In the Matter of the Claim of Matthew Bruce, the ALJ refused a collective request of the parties to adjourn a hearing addressing the claimant’s discharge, pending the issuanceContinue reading “Court Erred In Ignoring An Arbitration Award That Entered Prior To The Court Deciding Similar Issues”

Mediation Settlement Enforceable, Even Though One Party Refused To Sign An Agreement Required By The Settlement

In Miller v. Miller, the Georgia Court of Appeals affirmed a lower court’s determination that a binding settlement agreement was reached at a mediation, even though one of the parties refused to sign a Purchase Agreement that was contemplated by the settlement. According to the court, “[t]he parties entered into a mutual binding agreement [atContinue reading “Mediation Settlement Enforceable, Even Though One Party Refused To Sign An Agreement Required By The Settlement”

When Are Arbitrators’ Changes To An Award OK?

So, how does a court determine whether an arbitrator has attempted to modify an arbitration award in violation of statutory prescriptions on such action? More specifically, as a California court posits the issue in Lonky v. Patel, “[w]here… an arbitrator issues a series of rulings during an arbitration proceeding, how does a court determine whichContinue reading “When Are Arbitrators’ Changes To An Award OK?”

Courts Reach Different Results Re Agreements To Arbitrate

An Alabama federal court, in Carusone v. Nintendo of America, stayed a putative class action alleging a defect in a joystick controller, holding that the clickwrap agreement accepted by the plaintiff contained an enforceable arbitration provision. The court noted that the End-User License Agreement provided for a purchaser to opt-out of the agreement’s arbitration requirementContinue reading “Courts Reach Different Results Re Agreements To Arbitrate”

Court Not Permitted To Review Merits Of Arbitrated Dispute

The Supreme Court of Nevada, in SVRE, LLC v. Queensridge Realty, LLC, reversed a trial court’s determination that an arbitration panel manifestly disregarded the law in its determination of a brokerage commission dispute. According to the Supreme Court, the lower court erred when it “consider[ed] the underlying merits of the dispute.”