Arbitration Agreement Adopted During Employment Encompasses Actionable Events Occurring Prior To Its Adoption

In Reulbach v. Life Time Fitness, Inc., a federal court in Ohio granted the defendant’s motion to compel arbitration of claims brought by a former employee. The company introduced the arbitration requirement after plaintiff commenced his employment. Among other arguments, the plaintiff contended that the arbitration provision would not apply to allegedly unlawful events thatContinue reading “Arbitration Agreement Adopted During Employment Encompasses Actionable Events Occurring Prior To Its Adoption”

“Court Confirms Arbitration Decision Concluding That Discrimination Claims Were Time-Barred”

Brendan Gooley of Carlton Fields has this article in JD Supra, discussing the Michigan federal court’s adoption of a magistrate judge’s recommendation in Anagonye v. Mass Mutual Insurance Co., in which a financial advisor, having received a notice of a right to sue within 90 days by the EEOC, failed to commence arbitration within thatContinue reading ““Court Confirms Arbitration Decision Concluding That Discrimination Claims Were Time-Barred””

“UBS Alleges Arbitrator Bias, Asks Court to Toss $4.8 Million Puerto Rico Bond Award”

Jake Martin of AdvisorHub has this article, discussing a motion by UBS to vacate a substantial FINRA arbitration award entered against it by a divided panel. According to the article, one of the arbitrators (in the majority) failed to disclose his participation as plaintiff in a number of “previous lawsuits he filed against large corporations,”Continue reading ““UBS Alleges Arbitrator Bias, Asks Court to Toss $4.8 Million Puerto Rico Bond Award””

“E-Signing Arbitration Agreements in a Remote World”

JD Supra has published this article by Beatrice Nunez-Bellamy of Davis Wright Tremaine, discussing the California Court of Appeal decision in Bannister v. Marinidence OPCO, LLC. In Bannister, the appeals court affirmed the lower court’s determination that an electronically signed arbitration agreement was not enforceable because the employer did not definitively prove that the employeeContinue reading ““E-Signing Arbitration Agreements in a Remote World””

“SDNY Declines to Adopt Collateral Attack Doctrine, Grants Motion to Compel Arbitration”

Alex Silverman of Carlton Fields has this article, available in JD Supra, discussing the Southern District of New York’s decision in Credit Suisse AG v. Graham, where the court rejected a petition to enjoin an arbitration on grounds that “the proceeding was an impermissible ‘collateral attack’ on a prior, related arbitration in which [the respondent’s]Continue reading ““SDNY Declines to Adopt Collateral Attack Doctrine, Grants Motion to Compel Arbitration””

Discovery Limitations Do Not Make Arbitration Requirement Unconscionable

In Pirzada v. AAA Texas, LLC, No. H-21-0664 (June 15, 2021), the U.S. District Court for the Southern District of Texas granted a company’s motion to compel arbitration of claims brought by an employee, rejecting claims that discovery restrictions contained in the arbitration agreement were unconscionable. Relying on precedent, the court held that the employeeContinue reading “Discovery Limitations Do Not Make Arbitration Requirement Unconscionable”

Company’s Production Of Signature Page, But Not The Remainder Of The Contract, Was Insufficient To Prove The Existence Of An Agreement To Arbitrate

As with other matters where a company may seek to enforce contractual rights, arbitration agreements require a party to be able to prove the existence of the agreement. In CSAA Affinity Insurance Co. v. AmeriGas Propane LP, the U.S. District Court in Arizona was asked to compel arbitration of an insurance claim for water lossContinue reading “Company’s Production Of Signature Page, But Not The Remainder Of The Contract, Was Insufficient To Prove The Existence Of An Agreement To Arbitrate”

Appeals Court Holds Arbitration Provision In Company’s Promotional Program To Be Unenforceable

In Soliman v. Subway Franchisee Advertising Fund Trust, Ltd., the Second Circuit recently reviewed in detail the circumstances in which an arbitration provision indirectly referenced in a company’s promotional materials will be enforced. Soliman involves a putative class action alleging a violation of the Telephone Consumer Protection Act predicated on allegations that the defendant failedContinue reading “Appeals Court Holds Arbitration Provision In Company’s Promotional Program To Be Unenforceable”

Court Rejects “Plaintiffs’ Attempt To Plead Around An Arbitration Clause”

Dave Reif’s ADR Highlights discusses the Western District of Washington’s decision in BioOrigyn, LLC. v. Fairhaven Health, Inc., 2021 U.S. Dist. LEXIS 104803 (W.D. Wash. June 3, 2021), in which the court rejected a party’s attempt “to avoid arbitration by ‘dropping’ certain … contract claims.” As the article explains, the court held that it would “notContinue reading “Court Rejects “Plaintiffs’ Attempt To Plead Around An Arbitration Clause””

“Thinking Of Vacating An Arbitration Award In An Ohio Court? There’s No Time For Vacation”

Taft Stettinius & Hollister has published this article in Mondaq, discussing the Ohio Supreme Court’s recent decision in BST Ohio Corp. v. Wolgang, in which the court held that an Ohio statute facially providing three months to seek vacatur of an award does not necessarily provide that much time. Instead, as the article explains, “ifContinue reading ““Thinking Of Vacating An Arbitration Award In An Ohio Court? There’s No Time For Vacation””