Court Upholds Arbitration Agreement Even Though It Could Result In Plaintiff’s Claims Being Time-Barred

A federal court in Kentucky dismissed employment claims brought against the company by a plaintiff who opted to forgo the arbitration program in which he agreed to pursue such claims. In Anderson v. Charter Communications, the court determined that dismissal–rather than a litigation stay–was appropriate under Sixth Circuit law since all the claims were beingContinue reading “Court Upholds Arbitration Agreement Even Though It Could Result In Plaintiff’s Claims Being Time-Barred”

“Forget Arbitration, LVMH Lawyer’s Sexual Harassment Case Against the Luxury Titan Must Remain in Court”

The Fashion Law has posted this article discussing a New York trial court decision issued in Andowah Newton v. LVMH, 154178/2019 (N.Y. Sup.) holding that an employment arbitration provision is overridden by a New York statute “which prohibits the enforcement of “agreements that force victims of sexual harassment to arbitrate their claims.’” The court also rejectedContinue reading ““Forget Arbitration, LVMH Lawyer’s Sexual Harassment Case Against the Luxury Titan Must Remain in Court””

“Ninth Circuit Remands Order Denying Motion to Compel Arbitration That Failed to Address the Effect of Delegation Clause in Parties’ Arbitration Agreement”

Michael Wolgin of Carlton Fields has posted this article in JD Supra regarding the recent decision in Cipolla v. Team Enterprises, LLC, No. 19-15964 (9th Cir. June 24, 2020). As Mr. Wolgin begins: “The delegation clause in the parties’ arbitration agreement provided that any ‘questions regarding the validity or enforcement of these Dispute Policies shallContinue reading ““Ninth Circuit Remands Order Denying Motion to Compel Arbitration That Failed to Address the Effect of Delegation Clause in Parties’ Arbitration Agreement””

Third Circuit Holds Arbitration Agreement Unenforceable Based On Unenforceable Choice Of Law Provision

In Williams v. Medley Opportunity Fund II, LP, the Third Circuit affirmed the denial of a motion to compel arbitration. The contract provided that tribal law would apply to the dispute. The court determined the choice of law provision unlawfully purported to obviate statutory provisions governing the payday loans in question. Because, in the court’sContinue reading “Third Circuit Holds Arbitration Agreement Unenforceable Based On Unenforceable Choice Of Law Provision”

Court Reforms Contract To Uphold Arbitration Provision

In Essam Arafa v. Health Express Corporation (A-6-19) (083174) and Gloria Colon v. Strategic Delivery Solutions, LLC (A-7-19) (083154), the New Jersey Supreme Court posed the question as follows: “These appeals involve arbitration agreements in contracts for employment that,plaintiffs argue, fall within the ‘exemption clause’ of the Federal Arbitration Act (FAA),9 U.S.C. § 1 (sectionContinue reading “Court Reforms Contract To Uphold Arbitration Provision”

“California Strikes Again: Do Arbitration and Class Action Waiver Clauses Protect Your Clients Against a Class Action CCPA Claim?”

Gavin W. Skok and Kristen W. Broz have this article in CPO Magazine, which begins: “Consumer companies have increasingly been adding arbitration requirements and class action waiver clauses to their consumer terms and conditions.  The Supreme Court has been supportive of those clauses, but California lawmakers and courts have not. “

Arbitrator Improperly Addressed Liability Issues When Initial Award Was Vacated Due To Improper Assessment Of Punitive Damages

In NCHF Ams II Houston, LLC v. Kaplan, a California Appellate Court vacated an arbitration award. This was the second vacatur. Vacatur #1 occurred when the court determined that the arbitrator improperly awarded punitive damages. This time around, the court determined it was error for the arbitrator to reconsider liability issues, since the only problemContinue reading “Arbitrator Improperly Addressed Liability Issues When Initial Award Was Vacated Due To Improper Assessment Of Punitive Damages”