A resource for litigators, in-house counsel, and arbitrators
The last post focused on three recent state appellate court decisions that refused to compel arbitration or vacated an award, and this follow-up post focuses on seven recent cases that are friendly to arbitration.
My favorite is from Montana. Although none of its arbitration decisions have been addressed by SCOTUS, Montana decided to preempt any…
In three cases in recent months, courts have found that plaintiffs who did not sign an arbitration agreement (non-signatories) are not obligated to arbitrate. In all three cases, a key issue was that the plaintiff’s claims in court did not rely on the contract containing the arbitration clause.
In the most interesting and widely applicable …
Now that we know the Supreme Court is not going to be addressing non-signatories’ ability to compel arbitration this term (at least not in the Toyota case), we can take a moment to look at what lower courts are doing with that issue. In short, the trend is for courts to clarify that it…
The Ninth Circuit ruled this week that a class of car owners could pursue their court claims against the manufacturer, Toyota, for product defects and false advertising, despite the existence of an arbitration agreement in each of the owners’ purchase agreements with the car dealerships. The court held that Toyota had not proven either of…