Federal Circuits Split On Whether Uber Can Enforce Arbitration Clause
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...
View ArticleCircuit Split Deepens Over Whether Arbitrators Should Decide Availability of...
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,...
View Article11th Circuit Thinks Class Arbitrability Is Not That Special
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...
View ArticleSeventh Circuit Ducks Hard Question on Class Arbitrability
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...
View ArticleThis Week In Arbitration: Jay-Z, Waiver, And “Functus Officio”
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...
View ArticleSCOTUS Finds Federal Arbitration Act Does Not Apply to Interstate...
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...
View ArticleBreaking News: SCOTUS Surprises Absolutely No One in Lamps Plus, Inc. v. Varela
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...
View ArticleThe Fifth Circuit Weighs in About Who Decides Class Arbitrability
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....
View ArticleA Bit More on Who Decides Class Arbitrability, From the Alabama Supreme Court
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...
View ArticleNon-Parties Must be Physically in the Same Room as Arbitrators
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...
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