Finding that some of its previous pronouncements were leading district court judges astray, the Ninth Circuit clarified its precedent regarding the scope of review of labor arbitration awards. “We conclude that it is time for us to retire the use of ‘plausibility’ as a term to describe the courts’ role in reviewing labor arbitration awards.”
arbitration
Fishermen Avoid Being Caught In Arbitration's Net
By Liz Kramer on
What are the defining characteristics of an arbitration agreement? The dissent in a new 9th Circuit case took on that vexing issue, while the majority sidestepped it altogether while refusing to compel arbitration.
In Boardman v. Pacific Seafood Group, __ F.3d __, 2016 WL 1743350 (9th Cir. May 3, 2016), a group…
Eight [Months] Is Enough — To Waive Your Arbitration Rights
By Liz Kramer on
Posted in Waiver of Right to Arbitrate
Today’s post is brought to you by the number 8. The 8th Circuit Court of Appeals issued a new opinion yesterday finding that a defendant who litigated in court for 8 months waived its right to arbitrate (aka, ARBITR8) plaintiff’s employment claims. [That could be my vanity plate!!]
Messina v. North Central…
Hold Onto Your Hats: CFPB Proposed Rules Will Lead to Lots of Class Action Litigation
By Liz Kramer on
Posted in Class Arbitration, Year In Review
Today the Consumer Financial Protection Bureau proposed the rules that it previewed last fall, following up on its Arbitration Study. Those rules would essentially ban class action waivers from consumer financial agreements, as well as requiring arbitral institutions to provide data on consumer financial disputes to the CFPB. (As an aside, the proposal is…
Unvacating Arbitration Awards: Quarterbacks and Car Accidents
By Liz Kramer on
Posted in Appealing Arbitration Decisions
The Second Circuit reminded us yesterday that judicial review of arbitration awards is “among the most deferential in the law.” And when district courts are not sufficiently deferential, their decisions are likely to be overturned. That happened recently in Tom Brady’s “deflate-gate” arbitration, and in an arbitration over how much a pedestrian was owed…
Sign O' The Times: SCOTUS Denies Cert In Franchise Arbitration Dispute
By Liz Kramer on
On Monday of this week, after stringing the parties along for five months, SCOTUS denied cert in a case involving the intersection between arbitration and franchise regulation. The petition was filed in November of 2015, and after the respondent initially declined to respond, the Court specifically requested a response, and conferenced the case twice, before…
Exhibit C For The Case That California Is No Longer Anti-Arbitration
By Liz Kramer on
Posted in Validity of Arbitration Agreement
The Supreme Court of California this week enforced the arbitration agreement between an employee and employer. Yes, you read that right. While reputed to be reliably anti-arbitration, California’s highest court continues to provide evidence that it is tired of being reversed by SCOTUS * and is ready to follow federal precedent on the FAA.
In…
In 3 Recent Decisions, Supreme Court of Arkansas Deeply Divided on Arbitration
By Liz Kramer on
Posted in Validity of Arbitration Agreement
The Supreme Court of Arkansas has issued three opinions within the span of four weeks, all on the topic of whether defendants can compel arbitration. Each of the opinions came with a vigorous dissent. The cases offer an interesting look at a state high court that appears to be struggling to deal with FAA case…
Ninth Circuit Refuses To Enforce Arbitration Clause In Sham Franchise Agreement
By Liz Kramer on
Posted in Validity of Arbitration Agreement
A short new opinion from the Ninth Circuit may run counter to long-standing Supreme Court precedent. In Casa Del Caffe Vergnano v. Italflavors, 2016 WL 1016779 (9th Cir. Mar. 15, 2016), the court refused to enforce an arbitration agreement in a contract that the parties admitted signing, because the parties simultaneously signed a second…
Montana Finds Arbitration Agreement Unconscionable For Lack of Mutuality
By Liz Kramer on
Posted in Validity of Arbitration Agreement
March comes in like a lion, right? Well, that’s not true with respect to the weather here in Minneapolis. But it may be true with respect to arbitration decisions from around the country. This post focuses on two recent decisions from state high courts that refuse to compel arbitration.
In Global Client Solutions, LLC v.