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Petition for Review Filed Over $460K Legal Malpractice Arbitration Award
February 6, 2019
Earlier this month, the Supreme Court of Texas was asked to consider whether the Beaumont Court of Appeals committed error when it refused to vacate an arbitrator’s $460,000 legal malpractice award. In Midani and Midani, Hinkle & Cole, LLP v. Smith, No. 09-18-00009-CV (Tex. App. – Beaumont, November 1, 2018), a woman, Smith, hired a Houston law firm, Midani, Hinkle & Cole (“MHC”), to represent her in a dental malpractice case. Smith signed...
February 6, 2019
Earlier this month, the Supreme Court of Texas was asked to consider whether the Beaumont Court of Appeals committed error when it refused to vacate an arbitrator’s $460,000 legal malpractice award. In Midani and Midani, Hinkle & Cole, LLP v. Smith, No. 09-18-00009-CV (Tex. App. – Beaumont, November 1, 2018), a woman, Smith, hired a Houston law firm, Midani, Hinkle & Cole (“MHC”), to represent her in a dental malpractice case. Smith signed...
New Prime v. Oliveira – Great Win for Workers
February 4, 2019
The Supreme Court just released its decision in New Prime v. Oliveira (click here for a copy of the decision), and as I predicted after oral argument, this case is a win for workers. I believe this is the first time in decades that the Supreme Court has cut back on its expansive readings of the Federal Arbitration Act. Under this new decision, a court should decide for itself whether §1’s “contracts of employment” exclusion applies before ordering arbitration, even...
February 4, 2019
The Supreme Court just released its decision in New Prime v. Oliveira (click here for a copy of the decision), and as I predicted after oral argument, this case is a win for workers. I believe this is the first time in decades that the Supreme Court has cut back on its expansive readings of the Federal Arbitration Act. Under this new decision, a court should decide for itself whether §1’s “contracts of employment” exclusion applies before ordering arbitration, even...
Federal Arbitration Act Section 1: SCOTUS Says Courts Decide Whether FAA Applies to Contract and this Time Answer is “No”
February 4, 2019
Section 1 of the Federal Arbitration Act exempts from the FAA’s scope disputes involving “contracts of employment of . . . workers engaged in . . . interstate commerce.” 9 U. S. C. § 1. If parties to an arbitration agreement clearly and unmistakably delegate arbitrability questions to an arbitrator, who decides whether a contract containing the arbitration agreement is such a “contract of employment?” In New Prime Inc. v. Oliveira, 586 ___ U.S. ___, slip op. (Jan....
February 4, 2019
Section 1 of the Federal Arbitration Act exempts from the FAA’s scope disputes involving “contracts of employment of . . . workers engaged in . . . interstate commerce.” 9 U. S. C. § 1. If parties to an arbitration agreement clearly and unmistakably delegate arbitrability questions to an arbitrator, who decides whether a contract containing the arbitration agreement is such a “contract of employment?” In New Prime Inc. v. Oliveira, 586 ___ U.S. ___, slip op. (Jan....
Marriott Won’t Require Data Breach Victims to Individually Arbitrate Claims
February 1, 2019
Late last year, hotel giant Marriott International disclosed a data breach that began in 2014 and affected approximately 500 million Marriott and Starwood Preferred guest accounts. A variety of hotel guest information including names, birth dates, passport numbers, encrypted credit card information, and other sensitive data was reportedly obtained by hackers. In response, Marriott has offered those guests affected by the data breach a free one-year subscription to fraud...
February 1, 2019
Late last year, hotel giant Marriott International disclosed a data breach that began in 2014 and affected approximately 500 million Marriott and Starwood Preferred guest accounts. A variety of hotel guest information including names, birth dates, passport numbers, encrypted credit card information, and other sensitive data was reportedly obtained by hackers. In response, Marriott has offered those guests affected by the data breach a free one-year subscription to fraud...
“Final-Offer Arbitration”: A Procedure to Save Time and Money?
January 31, 2019
This is an introduction to the so-called “Final Offer Arbitration” (FOA), sometimes also referred to as pendulum or baseball arbitration. FOA is a model of arbitration that originated in the late 1940s and consolidated in the 1970s in the USA to resolve labour disputes in the public sector and the baseball league, hence the name. FOA differentiates itself from conventional arbitration owing to the incentives it sparks in parties’ conduct to reach a mutually agreeable settlement, its celerity...
January 31, 2019
This is an introduction to the so-called “Final Offer Arbitration” (FOA), sometimes also referred to as pendulum or baseball arbitration. FOA is a model of arbitration that originated in the late 1940s and consolidated in the 1970s in the USA to resolve labour disputes in the public sector and the baseball league, hence the name. FOA differentiates itself from conventional arbitration owing to the incentives it sparks in parties’ conduct to reach a mutually agreeable settlement, its celerity...
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....
Delegation Provisions: SCOTUS Says Courts Must Compel Arbitration of Even “Wholly-Groundless” Arbitrability Disputes
January 24, 2019
Arbitrability questions are ordinarily for courts to decide, but parties may, by way of a “delegation provision,” clearly and unmistakably agree to submit them to arbitration. See, e.g., First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 942-46 (1995); Rent-A-Center, West, Inc. v. Jackson, 130 S. Ct. 2772, 2777 (2010). (See, e.g., Loree Reinsurance and Arbitration Law Forum posts here, here, and here.) But suppose parties to a delegation provision disagree...
January 24, 2019
Arbitrability questions are ordinarily for courts to decide, but parties may, by way of a “delegation provision,” clearly and unmistakably agree to submit them to arbitration. See, e.g., First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 942-46 (1995); Rent-A-Center, West, Inc. v. Jackson, 130 S. Ct. 2772, 2777 (2010). (See, e.g., Loree Reinsurance and Arbitration Law Forum posts here, here, and here.) But suppose parties to a delegation provision disagree...
SCOTUS Holds FAA’s Transportation Worker Exception Applies to Independent Contractors
January 24, 2019
The Supreme Court of the United States has issued an opinion stating a court must decide whether one of the exemptions included...
January 24, 2019
The Supreme Court of the United States has issued an opinion stating a court must decide whether one of the exemptions included...
More on New Prime
January 23, 2019
Rafael Gely (Missouri) has collected a series of essays on yesterday's New Prime decision and posted them over at Arbitration Info. As of this afternoon those essays include: New Prime and the Gig Economy, Rick Bales (ONU).New Prime and the Viability of State Arbitration Acts, Lise Gelernter (Buffalo, & NAA Member).New Prime and Old Faults, Imre S. Szalai (Loyola New Orleans)
January 23, 2019
Rafael Gely (Missouri) has collected a series of essays on yesterday's New Prime decision and posted them over at Arbitration Info. As of this afternoon those essays include: New Prime and the Gig Economy, Rick Bales (ONU).New Prime and the Viability of State Arbitration Acts, Lise Gelernter (Buffalo, & NAA Member).New Prime and Old Faults, Imre S. Szalai (Loyola New Orleans)
