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ND California Orders FCRA Case to Arbitration Based on Lyft Ride-Sharing App’s TOS
January 28, 2019
The Northern District of California has ordered a proposed class action lawsuit that was filed against ride-sharing app Lyft and based on purported violations of the Fair Credit Reporting Act (“FCRA”) to arbitration. In Peterson v. Lyft, Inc., No. 16-CV-07343-LB (N.D. Cal., November 19, 2018), a California man, Peterson, downloaded and installed the Lyft app on his mobile phone in order to create an account with the company on two separate occasions....
January 28, 2019
The Northern District of California has ordered a proposed class action lawsuit that was filed against ride-sharing app Lyft and based on purported violations of the Fair Credit Reporting Act (“FCRA”) to arbitration. In Peterson v. Lyft, Inc., No. 16-CV-07343-LB (N.D. Cal., November 19, 2018), a California man, Peterson, downloaded and installed the Lyft app on his mobile phone in order to create an account with the company on two separate occasions....
Argument Analysis: Justices Signal Opposition to Vague Exceptions That Would Limit Enforceability of Arbitration Agreements
November 5, 2018
The November argument session brought the justices back once again to the Federal Arbitration Act, with a pair of cases on the topic — Henry Schein Inc. v. Archer & White Sales Inc. and Lamps Plus Inc. v. Varela. As these things go, the issue in Henry Schein is straightforward: When one party wants to take a dispute to arbitration but the other party disagrees, how do courts decide whether a particular dispute should be decided by a court or sent to arbitration? The problem commonly...
November 5, 2018
The November argument session brought the justices back once again to the Federal Arbitration Act, with a pair of cases on the topic — Henry Schein Inc. v. Archer & White Sales Inc. and Lamps Plus Inc. v. Varela. As these things go, the issue in Henry Schein is straightforward: When one party wants to take a dispute to arbitration but the other party disagrees, how do courts decide whether a particular dispute should be decided by a court or sent to arbitration? The problem commonly...
Brexit and Beyond: Will London Still Wear its Arbitration Crown?
July 5, 2018
London has long been held in high regard as a seat for international arbitration. In both our 2010 and 2015 International Arbitration surveys, for example, London was the seat most favoured by respondents. Our 2018 survey now reveals that not only has London cemented its position as the top seat worldwide, but its popularity amongst users of international arbitration has increased even further in recent years: 47% of respondents cited London as a preferred seat in our 2015 survey, rising to 64% in our 2018...
July 5, 2018
London has long been held in high regard as a seat for international arbitration. In both our 2010 and 2015 International Arbitration surveys, for example, London was the seat most favoured by respondents. Our 2018 survey now reveals that not only has London cemented its position as the top seat worldwide, but its popularity amongst users of international arbitration has increased even further in recent years: 47% of respondents cited London as a preferred seat in our 2015 survey, rising to 64% in our 2018...
Texas Federal Court Rules Insurance Policy Requires Arbitration in England
May 25, 2017
The Southern District of Texas has ordered a dispute between two insurers over an offshore oil drilling platform injury settlement to arbitration in England. In Gemini Ins. Co. v. Certain Underwriters at Lloyd’s London Subscribing to Policy No. B0973MA1305152 Issued Through the Office of Osprey Underwriting Agency Limited, No. 4:17-CV-01044 (S.D. Tex., April 13, 2017), Galveston Bay Energy, LLC, secured an insurance policy related to the company’s offshore oil drilling platform work from both...
May 25, 2017
The Southern District of Texas has ordered a dispute between two insurers over an offshore oil drilling platform injury settlement to arbitration in England. In Gemini Ins. Co. v. Certain Underwriters at Lloyd’s London Subscribing to Policy No. B0973MA1305152 Issued Through the Office of Osprey Underwriting Agency Limited, No. 4:17-CV-01044 (S.D. Tex., April 13, 2017), Galveston Bay Energy, LLC, secured an insurance policy related to the company’s offshore oil drilling platform work from both...
When An Arbitration Clause Sounds Permissive But Is Not
February 16, 2017
Is an arbitration clause mandatory or permissive when it provides that either party to the contract may elect to submit a dispute to binding arbitration? What if the contract also provides that the right to arbitrate is not exclusive of any other rights that a party has to pursue legal action in an appropriate forum? Such an arbitration clause certainly sounds permissive. But courts have invested a lot of ink addressing the question, and (spoiler alert!) they have more or less consistently...
February 16, 2017
Is an arbitration clause mandatory or permissive when it provides that either party to the contract may elect to submit a dispute to binding arbitration? What if the contract also provides that the right to arbitrate is not exclusive of any other rights that a party has to pursue legal action in an appropriate forum? Such an arbitration clause certainly sounds permissive. But courts have invested a lot of ink addressing the question, and (spoiler alert!) they have more or less consistently...
Article on Arbitration for Trust Disputes
January 2, 2017
Colin Connor published an Article entitled, Changing the Game: The Effects of the 2012 Revision of the ICC Arbitration Rules...
January 2, 2017
Colin Connor published an Article entitled, Changing the Game: The Effects of the 2012 Revision of the ICC Arbitration Rules...
Like Comcast, Google Fiber Now Forces Customers Into Arbitration
June 21, 2016
Fiber customers have two months to opt out of binding arbitration clause. Google Fiber's new terms add a clause familiar to subscribers of other large Internet service providers: customers who want to sue the company must now instead submit to arbitration. The Google Fiber terms were updated last week with a note that they now "require the use of binding arbitration to resolve disputes rather than jury trials or class actions." While the clause allows cases in small claims court, it otherwise...
June 21, 2016
Fiber customers have two months to opt out of binding arbitration clause. Google Fiber's new terms add a clause familiar to subscribers of other large Internet service providers: customers who want to sue the company must now instead submit to arbitration. The Google Fiber terms were updated last week with a note that they now "require the use of binding arbitration to resolve disputes rather than jury trials or class actions." While the clause allows cases in small claims court, it otherwise...
Texas: Court Abused Discretion in Ordering Mediation when Parties Agreed to Arbitrate
May 23, 2016
In In Re Frank A. Smith Sales, Inc. d/b/a Frank Smith Toyota, the Thirteenth District Court of Appeals held that mandamus...
May 23, 2016
In In Re Frank A. Smith Sales, Inc. d/b/a Frank Smith Toyota, the Thirteenth District Court of Appeals held that mandamus...
Uber Deal Signals Open Season on Gig Economy
April 26, 2016
The war may be over for Uber Technologies Inc. But by cutting a check for tens of millions of dollars to settle a slew of threatening labor class actions, it may have just bought the gig economy a whole new set of legal battles. Lawyers say the $84 million settlement that Uber reached—which can rise to as much as $100 million if the company goes public or is acquired and increases in value—is like a flashing neon invitation for the plaintiffs bar to keep waging the fight. * * * "It does...
April 26, 2016
The war may be over for Uber Technologies Inc. But by cutting a check for tens of millions of dollars to settle a slew of threatening labor class actions, it may have just bought the gig economy a whole new set of legal battles. Lawyers say the $84 million settlement that Uber reached—which can rise to as much as $100 million if the company goes public or is acquired and increases in value—is like a flashing neon invitation for the plaintiffs bar to keep waging the fight. * * * "It does...
2016 Arbitration Clause Thoughts
April 20, 2016
I spent most of last week in a construction arbitration. It got me to thinking about drafting arbitration clauses, be it in the employment or any context. A few years ago I wrote an article on what I would consider in preparing an agreement. The suggestions included: A requirement that the case be disposed of within a certain time period. (i.e. 6 months from filing); A limitation on the number of witnesses that can be called, the amount of time each side has to put on their case, basically...
April 20, 2016
I spent most of last week in a construction arbitration. It got me to thinking about drafting arbitration clauses, be it in the employment or any context. A few years ago I wrote an article on what I would consider in preparing an agreement. The suggestions included: A requirement that the case be disposed of within a certain time period. (i.e. 6 months from filing); A limitation on the number of witnesses that can be called, the amount of time each side has to put on their case, basically...
