Author Archives: Robert Harris

In Anderson v. Amazon.com, Inc. a U.S. District Court in Tennessee granted eBay’s motion to compel arbitration of a purported class action alleging claims regarding the sale of seat belt extenders. Upholding the appropriateness of the arbitration provision contained in eBay’s clickwrap agreement, the court rejected challenges to its opt-out procedure, the unavailability of aContinue reading “Federal Court Upholds Ebay’s Clickwrap Arbitration Requirement”

Eric J. Troutman of Squire Patton Boggs has this article in The National Law Review discussing Hill v. Quicken Loans, Case No. ED CV 19-0163 FMO (SPx). As he describes the case, “Quicken recently lost an effort to compel a TCPA case to arbitration following a lengthy evidentiary hearing because the video playback software itContinue reading ““Picking Up the Pieces: Quicken’s Big TCPA Arbitration Loss is a Lesson for Us All””

And JD Supra also has this article by Richard Meneghello of Fisher Phillips discussing a recent Seventh Circuit decision that “handed Grubhub….a pivotal victory by narrowly interpreting an exception allowing certain transportation workers (including independent contractors) to escape arbitration agreements.”

This article discussing the California Court of Appeal’s decision in Kec v. Superior Court, 2020 WL 3869721 (Cal. Ct. App. 2020), authored by Anthony Oncidi of Proskauer is available on JD Supra.

A three judge panel of the U.S. Court of Appeals for the Fourth Circuit held by a 2-1 vote that a broad arbitration provision required a consumer to arbitrate her claims against the provider for violating the Telephone Consumer Protection Act (TCPA). In Mey v. DirectTV, LLC, the court held that claimed violations of theContinue reading “Divided Appellate Panel Holds That Consumer’s Claims For Violation Of National Do Not Call Registry Are Arbitrable”

A California Court of Appeal has sustained the denial of a senior living facility’s petition to compel arbitration of claims brought on behalf of a deceased resident. At the time of admission, temporary conservators signed an agreement that included an arbitration requirement. However, the court held that temporary conservators lacked the authority to bind theContinue reading “Temporary Conservators Could Not Commit To Arbitration Absent Court Approval”

Aleksey Shtivelman of Shutts & Bowen LLP published this article in JD Supra, discussing the U.S. Supreme Court’s recent decision in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, 140 S. Ct. 1637, 1644 (2020).

Fedweek.com includes this report, discussing a federal appellate ruling addressing “a charge by the National Weather Service Employees Organization that the National Weather Service had violated a contract by canceling it while negotiations were still going on and after assistance by the Federal Services Impasses Panel had been invoked but before that panel had madeContinue reading ““Court Stresses Deference FLRA Must Pay to Arbitrators””

JD Supra has published this article by Michael Wolgin at Carlton Fields, discussing the appellate decision in Johnson v. National Football League Players Association, No. 19-2734 (2d Cir. July 17, 2020).

The Florida District Court of Appeal has reversed a lower court’s denial of a motion to compel arbitration. The lower court concluded that a provision stating that a party “may initiate arbitration” did not entitle a disputant to insist that the matter be arbitrated, even though the other party commenced litigation. Citing precedent, the appellateContinue reading “Court Erred In Finding Arbitration Provision To Be Discretionary Rather Than Mandatory”