I don’t mean to be imprecise, but I think that the Eleventh Circuit may have recently issued the most luddite opinion I’ve seen in a good long while. See Managed Care Advisory Group, LLC v. CIGNA Healthcare, Inc., 2019 WL 4464301 (11th Cir. Sept. 18, 2019). According to the court, Section 7 of
Happy August! What’s a better way to start the month than thinking about class arbitrability! Again. Ugh.
Trust me, I would much rather consider so many other exciting arbitration issues, but this one seems to be occupying a lot of court attention, so I’d be remiss not to report on it.
Since my last update,
The Fifth Circuit just deepened (and confused) a Circuit split over the question of who decides whether an arbitration agreement permits class proceedings. See 20/20 Communications, Incorporated v. Crawford, 2019 WL 3281412 (5th Cir. July 22, 2019).
Liz has written about the split here, here, and here. (You might also recall
It’s not at all evident to me why SCOTUS felt the need to grant review of Lamps Plus, Inc. v. Varela. But it did. And the majority decision, authored by Chief Justice Roberts, did precisely what I think that everyone who looked at the case expected: it held that courts cannot find the necessary
The Supreme Court issued another arbitration decision today in New Prime v. Oliveira. And like last week’s decision in Henry Schein, it was unanimous (but Kavanaugh did not participate). Today’s New Prime decision has two key holdings: First, it is for courts, and not arbitrators (regardless of any delegation clause) to determine whether
Today’s post covers three new developments from this past week. The Fifth Circuit found a defendant waived its right to arbitrate a class action; the Second Circuit found arbitrators retain power to clarify ambiguous awards; and Jay-Z found his list of potential arbitrators sorely lacking in diversity.
In Forby v. One Technologies, 2018 WL 6191349
The Seventh Circuit issued an opinion last week that sounded like it would be a big deal. The case, Herrington v. Waterstone Mortgage Corp., 2018 WL 5116905 (7th Cir. Oct. 22, 2018), dealt with the fallout from SCOTUS’s Epic Systems, and addressed a class arbitrability issue of first impression, which meant it could
Usually the plaintiffs in a class action want to stay out of arbitration, but in the recent case of JPAY v. Kobel, 2018 WL 4472207 (11th Cir. Sept. 19, 2018), it was the class representatives who were fighting for arbitration. In particular, they wanted the arbitrator to decide whether they could have a class
Today’s post concerns a perennially hot topic: class actions. In particular, do courts decide whether an arbitration agreement allows for class actions? Or do arbitrators? (Because, it turns out, there are actually some corporations who have not inserted class action waivers in their consumer contracts.) To date, four circuit courts have held that class arbitrability
Almost a year ago, the Second Circuit praised the clean, readable design of Uber’s app. Because the reference to Uber’s terms of service was not cluttered and hyperlinked to the actual terms, the Second Circuit held Uber could enforce its arbitration agreement and the class action waiver within it. But, just last week, the First