Second Circuit Holds Court, Not Arbitrator, Must Decide Whether A Dispute Is Arbitrable

In his ADR Highlights blog, Dave Reif provides an excellent discussion of the Second Circuit’s recent decision in DDK Hotel, LLC v. Williams-Sonoma, Inc., noting that “the holding is a big deal in the litigation of motions to compel arbitration.” In DDK Hotel, the parties’ agreement incorporated by reference the American Arbitration Association Commercial Rules,Continue reading “Second Circuit Holds Court, Not Arbitrator, Must Decide Whether A Dispute Is Arbitrable”

“Arbitration Agreement with Conflicting Provision in Two Languages Saved by FAA Default Rule”

John Lewis of Baker Hostetler has this article, available in Lexology, discussing a California appellate court’s decision in Western Bagel Co. Inc. v. Superior Court of Los Angeles County and Jose Calderon, in which the trial court had rejected an employer’s motion to compel binding arbitration because the agreement contained a material inconsistency. Paragraph 1Continue reading ““Arbitration Agreement with Conflicting Provision in Two Languages Saved by FAA Default Rule””

“Amazon Ends Use of Arbitration for Customer Disputes”

The New York Times reports in this article, which begins as follows: “Amazon told customers this week that it would no longer require them to resolve their legal complaints involving the technology giant through arbitration, a significant retreat from a strategy that often helps companies avoid liability.” The Times notes that Amazon’s email to itsContinue reading ““Amazon Ends Use of Arbitration for Customer Disputes””

“District Court says retailer not an intended third-party beneficiary of a credit card arbitration provision”

Lexology has published this article by Buckley, discussing the decision by a California federal court in Hayden v. The Retail Equation, Inc. refusing to find that a retailer was a third party beneficiary of a consumer’s agreement with its credit card company. Summarizing the decision, the article notes that “the contract did not clearly ‘expressContinue reading ““District Court says retailer not an intended third-party beneficiary of a credit card arbitration provision””

“Eleventh Circuit Judge Suggests Substantive Canon of Interpretation Favoring Arbitration Conflicts With Textualism”

Matthew Allen of Carlton Fields has this article, available in JD Supra, discussing the Eleventh Circuit’s recent decision in Calderon v. Sixt Rent A Car, LLC, in which the court held that a customer’s agreement with orbitz.com to arbitrate disputes related to “any services or products provided,” did not extend to the customer’s dispute withContinue reading ““Eleventh Circuit Judge Suggests Substantive Canon of Interpretation Favoring Arbitration Conflicts With Textualism””

“Trial Court Order Enforces Condominium Declaration’s Pre-Suit Mediation and Arbitration Provisions”

Jonathan Ayers of Bilzin Sumberg has this article in JD Supra, discussing the Florida Circuit Court decision in Coach Homes II at Gran Paradiso Condominium Association, Inc. v. Lennar Homes, LLC , in which the court held that a condominium association’s claims against the developer for construction defects were subject to provisions in the condominium declarationContinue reading ““Trial Court Order Enforces Condominium Declaration’s Pre-Suit Mediation and Arbitration Provisions””

“Automatic Stay Must Give Way: Bankruptcy Court Lets Non-Core Claims Be Decided Through Arbitration”

Shmuel Vasser of Dechert has this article in JD Supra, discussing the Maryland Bankruptcy Court’s decision in In Re McPherson, addressing the interplay between the competing judicial presumptions favoring enforcement of arbitration agreements and the centralization of claim determination in bankruptcy proceedings. As the article explains, the court resolved the conflict by holding that non-coreContinue reading ““Automatic Stay Must Give Way: Bankruptcy Court Lets Non-Core Claims Be Decided Through Arbitration””

New Jersey Appellate Court Holds Online Consumer Arbitration Agreement To Be Unenforceable

In Wollen v. Gulf Stream Restoration and Cleaning, LLC, the New Jersey Appellate Court was required to determine whether a consumer, who selected a contractor through the HomeAdvisor service, could be compelled to arbitrate claims in accordance with the website’s terms and conditions. Drawing a distinction between websites that require one to click on toContinue reading “New Jersey Appellate Court Holds Online Consumer Arbitration Agreement To Be Unenforceable”

Having Successfully Moved To Compel Arbitration, Nursing Home Operator’s Failure To Proceed Leads Court To Reverse Its Decision

In Laude v. SSC Greenfield Operating Company LLC, a Wisconsin federal court granted a nursing home operator’s motion to compel arbitration of claims brought by the estate of a deceased patient. Having secured the right to arbitrate, the operator engaged in a twenty-two month period of inaction described by the court as “delayed indecisiveness borderingContinue reading “Having Successfully Moved To Compel Arbitration, Nursing Home Operator’s Failure To Proceed Leads Court To Reverse Its Decision”

“Eleventh Circuit Clears the Road to Arbitration for Last-Mile Drivers”

Lexology has published this article by Seyfarth Shaw attorneys Lennon B. Haas, Kyle Petersen and Kevin M. Young, discussing the recent decision in Hamrick v. Partsfleet, LLC, in which, as the article notes, the Eleventh Circuit made clear “that delivering goods that originate out of state is not enough to trigger the [Federal Arbitration Act]Continue reading ““Eleventh Circuit Clears the Road to Arbitration for Last-Mile Drivers””