“Delaware Superior Court enforces a party’s contractual right to unilaterally determine whether certain disputes fall within the purview of an arbitration clause”

Lexology has published this article by Alexandria Murphy, Brian Rostocki and Benjamin Chapple of Reed Smith, discussing the decision in Diamond Materials, LLC v. Tutor Perini Corp., C.A. No. N20C-05-162-MAA, mem. op. (Del. Super. Ct. Apr. 30, 2021), in which the court enforced a contract provision that entitled “one party to the contract unilateral authorityContinue reading ““Delaware Superior Court enforces a party’s contractual right to unilaterally determine whether certain disputes fall within the purview of an arbitration clause””

“Ninth Circuit Upholds Arbitration for Non-Signatory Defendant”

Yvonne Arvanitis Fossati, Hazel, Poei and Scott Jang of Jackson Lewis have this article in The National Law Review, discussing the Ninth Circuit’s recent decision in Franklin v. Community Regional Medical Center, in which the court held that a staffing agency’s employee’s claims against the hospital to which she was assigned to work were subjectContinue reading ““Ninth Circuit Upholds Arbitration for Non-Signatory Defendant””

Court Stays Discovery Pending Determination Of Motion To Compel Arbitration

A California federal court has weighed in on the question of whether discovery should be permitted while determination of a motion to compel arbitration is pending. In Nguyen v. BMW of North America, LLC, the court, noting that “the Federal Rules of Civil Procedure do not automatically stay discovery when a potentially dispositive motion isContinue reading “Court Stays Discovery Pending Determination Of Motion To Compel Arbitration”

Arbitrators Exceeded Their Powers In Considering Waiver Issue, Although They Decided The Issue Correctly

When I read the Fifth Circuit’s recent decision in International Energy Ventures Management, L.L.C. v. United Energy Group, Limited, I thought about a news item years ago when an unlicensed individual was discovered working as a litigator in a law firm. Despite the absence of credentials, and the wrongfulness of his actions, he was consideredContinue reading “Arbitrators Exceeded Their Powers In Considering Waiver Issue, Although They Decided The Issue Correctly”

“After 75,000 Echo arbitration demands, Amazon now lets you sue it”

As many know, a number of corporations determined that the inclusion in their consumer agreement of a provision requiring arbitration on an individual and not class basis would substantially reduce the likelihood that they would defend claims, as the economics seemingly made the prosecution of claims cost-prohibitive given the potential recovery. However, as this articleContinue reading ““After 75,000 Echo arbitration demands, Amazon now lets you sue it””

“Judge Denies Mega-Law-Firm’s Request to Litigate Arbitration Confirmation Under Seal”

Eugene Volokh, in his Volokh Conspiracy blog, has flagged this decision in Dentons US LLP v. Zhang, in which the Southern District of New York denied a law firm’s request for leave to file under seal a petition to confirm an emergency arbitration award. Notwithstanding that “the parties agreed to file under seal any papersContinue reading ““Judge Denies Mega-Law-Firm’s Request to Litigate Arbitration Confirmation Under Seal””

“One ESTOPP Shop: The Ninth Circuit Weighs In On The Use Of Equitable Estoppel To Compel Arbitration In Two Recent Decisions”

Adam Hunt, Angela Kleine and Neil Tyler of Morrison & Foerster have this article, available at JD Supra, discussing two Ninth Circuit decisions (Stafford v. Rite Aid Corp. and Franklin v. Community Regional Medical Center), both issued on May 21, and reaching different results regarding the arbitrability of disputes based on equitable estoppel. As theContinue reading ““One ESTOPP Shop: The Ninth Circuit Weighs In On The Use Of Equitable Estoppel To Compel Arbitration In Two Recent Decisions””

Reversing Trial And Appellate Courts, Texas Supreme Court Compels Employment Arbitration Based On Company’s Disputed Claim That Agreements Were Electronically Signed

In Aerotek, Inc. v. Boyd, the Supreme Court of Texas granted an employer’s application to compel arbitration of claims brought by four terminated employees based upon electronic records ostensibly demonstrating the parties’ agreements to arbitrate. In reaching this conclusion, the Supreme Court reversed the trial court and a divided appeals court which, relying on affidavitsContinue reading “Reversing Trial And Appellate Courts, Texas Supreme Court Compels Employment Arbitration Based On Company’s Disputed Claim That Agreements Were Electronically Signed”

Judge Rules That Arbitrator, Not The Court, Must Decide Whether Defendant Satisfied A Mediation Condition Precedent Prior To Instituting Arbitration

A Texas federal court in Nii-Moi v. McAllenHospitalist Group rejected a physician employee’s argument that his former employer waived a condition precedent to arbitration by failing to participate in a mediation proceeding mandated by the employment agreement. According to the court, the issue of waiver was for the arbitrator, not the court to decide. TheContinue reading “Judge Rules That Arbitrator, Not The Court, Must Decide Whether Defendant Satisfied A Mediation Condition Precedent Prior To Instituting Arbitration”

“Sign on the Dotted Line: Enforceability of Arbitration Agreements Against Predecessor Company”

Latiqua Liles of Genova Burns has this article in JD Supra, discussing the New Jersey Appellate Division’s decision in Hampton v. ADT, LLC , which overruled a trial court order compelling a former employee to arbitrate claims against his former employer’s predecessor. As the article explains, the Appellate Division held that the lower court erredContinue reading ““Sign on the Dotted Line: Enforceability of Arbitration Agreements Against Predecessor Company””