If you ever wanted an “Exhibit A” for how drafting arbitration agreement(s) could go very, very wrong, the Tenth Circuit has just provided it. In Ragab v. Howard, __ F.3d __, 2016 WL 6832870 (10th Nov. 21, 2016), a majority of the panel concluded that because the parties had six differing arbitration agreements,
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Louisiana Rejects Arbitration Clause In Contract Of Adhesion
By Liz Kramer on
Posted in Validity of Arbitration Agreement
The Supreme Court of Louisiana refuses to send customers who were injured while playing at Sky Zone to arbitration, finding that the arbitration clause “is adhesionary and therefore unenforceable”. Duhon v. Activelaf, LLC, __ So. 3d __, 2016 WL 6123820 (La. Oct. 19 2016); Alicea v. Activelaf, LLC, __ So. 3d __, 2016…
Uber Enforces Arbitration Due To Delegation Clause And Opt Out
By Liz Kramer on
The 9th Circuit’s decision to enforce the arbitration agreement in Uber’s agreements with drivers made lots of news last week. And although it includes no new principles of law, it does emphasize some principles that come up regularly in consumer and employment arbitration, so it’s worth reviewing the details.
Former drivers brought an action in…
Federal Courts Teach Arbitration 101 In Recent Opinions
By Liz Kramer on
Posted in Waiver of Right to Arbitrate, Year In Review
While state courts have been busy articulating novel interpretations of arbitration law this summer, federal courts seem intent on getting back to basics. In recent weeks, federal appellate courts have reminded parties who has the burden of proving an agreement to arbitrate, what should happen to the case when arbitration gets compelled, how parties waive…
Three Blockbuster Summer Arbitration Decisions
By Liz Kramer on
While regular people count down the days to summer blockbusters that come in the form of high-paid actors fighting aliens or robots, I prefer my summer blockbusters in the form of arbitration opinions that have been months in the making (maybe finally released because the clerks are about to turn over?). Today, I report on…
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…
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…
To (b)(1) or not to (b)(1): What to Call your Rule 12 Arbitration Motion
By Liz Kramer on
Posted in Litigation vs. Arbitration, Uncategorized
Let’s say your client gets sued in court, the parties have an arbitration agreement, and you want to compel arbitration right away and not mess around with any other court proceedings. You already know you can make a motion to compel instead of an Answer, but you are stuck on this: what do you…
A Four-Year Blogiversary – and an Infographic for Compelling Arbitration!
By Liz Kramer on
Posted in ArbitrationNation Roadmaps (primers)
The primary purpose of this blog is to educate lawyers and clients about arbitration law. So, what better way to celebrate my fourth blogiversary than with an awesome new infographic about compelling arbitration! Making a motion to compel arbitration is trickier than it seems. When people call me for advice, I often have to tell…
Second Circuit Clarifies That Arbitrable Claims Should Be Stayed, Not Dismissed
By Liz Kramer on
Posted in Uncategorized
Parties who ask a court to compel arbitration of all the plaintiff’s claims have a decision to make: should they ask the court to stay the claims or dismiss them (if it finds them arbitrable)? After noting that the federal courts of appeal are “about evenly divided” on that question, the Second Circuit held that…