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
First Circuit
First Circuit Finds Plaintiff Waived Right to Arbitrate by Litigating for 9 Months
By Liz Kramer on
Posted in Uncategorized, Waiver of Right to Arbitrate
We haven’t had a good waiver case in a while. The First Circuit served one up last week with a flourish, teaching me multiple new words in the process (not for the first time, either). It found that a plaintiff had waived its right to arbitrate, not by bringing its claims to court…
Arbitration Award Can Be Vacated If It Directs Party To Perform Illegal Act
By Liz Kramer on
Posted in Appealing Arbitration Decisions
In a new decision from the First Circuit, which refuses to make any definitive pronouncements about the law on vacating arbitration awards, the court said it assumes “with some confidence” that if an arbitration award directed a party to violate an administrative agency rule, it could be vacated on that basis.
In Bangor Gas Company…