“Employee-Specific Arbitration Agreements: Could They Backfire for Buyers?”

Tony W. Torain, II, in this article published in National Law Review, discusses the ways in which “a sophisticated plaintiffs’ bar has found a way to combat the proliferation of mandatory arbitration agreements,” by bringing a multitude of individual arbitration claims. He argues that “[i]n negotiating merger transactions, prospective buyers should be aware of theContinue reading ““Employee-Specific Arbitration Agreements: Could They Backfire for Buyers?””

It’s An Interesting World

Here’s the federal court’s opinion in its entirety in Castro v. Bank of New York Mellon. This matter is before the Court on Petitioners’ pro se Motion for Reconsideration re OrderDismissing Case as Frivolous. (Doc. No. 12). Petitioners Mario and Magdalena Castro asserted in their initial application to confirm arbitration award that an arbitration awardContinue reading “It’s An Interesting World”

Court Rules Arbitrability Issue In “Clickwrap” Agreement Is For The Court, Not The Arbitrator

The Florida Court of Appeals’ decision in Doe v. Natt and AirBnB, Inc. involves claims by AirBnB guests whose visit was surreptitiously recorded by the property owner. The AirBnB “clickwrap” agreement provided for arbitration, and the opinion provides a detailed analysis regarding whether the court or the arbitrator should determine the arbitrability of the dispute.

Appellate Court Reject Arbitration Provision That Permitted One Party To Appoint The Arbitrator

The First Circuit Court of Appeals has vacated a lower court’s order compelling a boxer to arbitrate his claims against the World Boxing Organization based on the agreement’s provisions permitting the WBO to select the arbitrator. In Trout v. Organizacion Mundial De Boxeo, Inc., the court held that, even though the agreement specified that theContinue reading “Appellate Court Reject Arbitration Provision That Permitted One Party To Appoint The Arbitrator”

“Fourth Circuit Declines to Compel Arbitration Due to Missing Arbitration Agreements”

Brendan Gooley of Carlton Fields has this article in JDSupra, discussing the Fourth Circuit’s holding in Hill v. Employee Resource Group, LLC, No. 18-2009 (4th Cir. June 9, 2020), in which Mr. Gooley explains the court “declined to compel arbitration in a Fair Labor Standards Act (FLSA) class action with respect to more than 70Continue reading ““Fourth Circuit Declines to Compel Arbitration Due to Missing Arbitration Agreements””

Nursing Homes Inserting Arbitration Provisions Into Agreements For COVID Patients

“‘AN ANYTHING-GOES SITUATION’: As Deaths From Covid-19 Surge In Nursing Homes, Some Facilities With Histories Of Health Violations Are Asking Patients To Sign Arbitration Agreements.” Ed Williams has this article in Las Cruces Sun News.

Court Holds Sexual Assault Claims Are Not Arbitrable As They “Exist Independent Of The Employment Relationship”

In Crider v. GMRI, Inc., the Ohio Court of Appeals upheld a lower court’s determination that an employee’s claims arising from and relating to sexual assault by a co-worker fell outside the scope of an arguably broadly worded arbitration provision. Relying on precedent, the court held that the employee’s claims “relating to and arising fromContinue reading “Court Holds Sexual Assault Claims Are Not Arbitrable As They “Exist Independent Of The Employment Relationship””

Arbitrability of Class Action Claims Against Non-Signatory Franchisor Are For the Arbitrator To Determine

“Sixth Circuit Affirms Ruling That Arbitrator Is to Determine Arbitrability of Employment Dispute Between Franchise Employees and Domino’s.” Carlton Fields provides this article in JDSupra, discussing the Sixth Circuit’s recent ruling in Blanton v. Domino’s Pizza Franchising LLC, No. 19-2388 (6th Cir. June 17, 2020), determining that an arbitrator should determine the arbitrability of classContinue reading “Arbitrability of Class Action Claims Against Non-Signatory Franchisor Are For the Arbitrator To Determine”

Requiring Non-Signatories To Arbitrate Disputes

“Non-signatories Are Bound To Arbitration Agreement – You Know, the Ones That Did NOT Sign the Contract.” Jacob M. Davis has this article in the National Law Review, discussing a California federal court’s recent opinion in  Bentley v. Control Grp. Media Co., No. 19-CV-2437-DMS-RBB, 2020 U.S. Dist. LEXIS 118076 (S.D. Cal. July 6, 2020).