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Arbitration
Ninth Circuit Courts Continue to Not Love Arbitration Clauses as Much as the Supreme Court Does
September 17, 2018
Revitch received an automated advertising call from DirecTV to his cell phone, and sued alleging violations of the Telephone Consumer Protection Act. Revitch was a wireless customer of AT&T, so DirecTV moved to compel arbitration under its sibling corporation's wireless service contract with Revitch. This recent case out of the Northern District of California, Revitch v. DirecTV, LLC, No. 18-cv-01127-JCS, denied the motion, finding that the arbitration clause did not cover claims with DirecTV...
September 17, 2018
Revitch received an automated advertising call from DirecTV to his cell phone, and sued alleging violations of the Telephone Consumer Protection Act. Revitch was a wireless customer of AT&T, so DirecTV moved to compel arbitration under its sibling corporation's wireless service contract with Revitch. This recent case out of the Northern District of California, Revitch v. DirecTV, LLC, No. 18-cv-01127-JCS, denied the motion, finding that the arbitration clause did not cover claims with DirecTV...
Federal Judge Refuses to Enforce AT&T’s Arbitration Policy Against Former Employee
September 13, 2018
A federal judge has denied an employer’s motion to compel arbitration in a gender and race discrimination...
September 13, 2018
A federal judge has denied an employer’s motion to compel arbitration in a gender and race discrimination...
Who May Determine Whether Class Arbitration Is Authorized?
September 12, 2018
Who may determine whether “class arbitration” has been authorized by the parties to an arbitration agreement — a court, an arbitrator, either? Considering the nature of “class arbitration,” is this a special case of the arbitrability delegation issue, or is this issue sui generis? And what does exploring the issue reveal about the larger question of whether “class arbitration” is an oxymoron? The starting point for any analysis concerning arbitration is that it is a creature of contract....
September 12, 2018
Who may determine whether “class arbitration” has been authorized by the parties to an arbitration agreement — a court, an arbitrator, either? Considering the nature of “class arbitration,” is this a special case of the arbitrability delegation issue, or is this issue sui generis? And what does exploring the issue reveal about the larger question of whether “class arbitration” is an oxymoron? The starting point for any analysis concerning arbitration is that it is a creature of contract....
SCOTUS Rules in Epic Systems: What It Means for Securities Arbitration
September 11, 2018
George Friedman, Adjunct Professor of Law at Fordham University School of Law, has published “SCOTUS Rules in Epic Systems: What It Means for Securities Arbitration,” Securities Arbitration Commentator, Vol. 2018, No. 3. In his paper, Professor Friedman examines the potential impact the United States Supreme Court’s recent decision in Epic Systems Corp. may have on arbitration within the securities industry. Here is the abstract: In a 5-4 decision split along ideological...
September 11, 2018
George Friedman, Adjunct Professor of Law at Fordham University School of Law, has published “SCOTUS Rules in Epic Systems: What It Means for Securities Arbitration,” Securities Arbitration Commentator, Vol. 2018, No. 3. In his paper, Professor Friedman examines the potential impact the United States Supreme Court’s recent decision in Epic Systems Corp. may have on arbitration within the securities industry. Here is the abstract: In a 5-4 decision split along ideological...
Three Failures To Disclose, Only One Arbitration Award May Be Vacated
September 6, 2018
Okay, folks, we are still combating the summer slide here. Today’s refresher rule is this: If an arbitrator fails to disclose a substantial relationship, the resulting award can be vacated under 9 U.S. C. 10 (a)(2). But, not all relationships are substantial, as the cases today make clear. Beginning in my backyard, the appellant in Ploetz v. Morgan Stanley Smith Barney LLC, 2018 WL 3213877 (8th Cir. June 12, 2018), sought to vacate a FINRA arbitration award due to an alleged failure...
September 6, 2018
Okay, folks, we are still combating the summer slide here. Today’s refresher rule is this: If an arbitrator fails to disclose a substantial relationship, the resulting award can be vacated under 9 U.S. C. 10 (a)(2). But, not all relationships are substantial, as the cases today make clear. Beginning in my backyard, the appellant in Ploetz v. Morgan Stanley Smith Barney LLC, 2018 WL 3213877 (8th Cir. June 12, 2018), sought to vacate a FINRA arbitration award due to an alleged failure...
Court Holds That Administrator is Not Bound by Arbitration Clause in a Will [Texas]
September 5, 2018
A Texas appeals court out of Houston has found that an administrator of an estate is not held to an arbitration clause within...
September 5, 2018
A Texas appeals court out of Houston has found that an administrator of an estate is not held to an arbitration clause within...
Federal Court Orders Mississippi Nursing Home Neglect Case to Arbitration Based on Resident’s Verbal Consent to Daughter’s Agency
September 3, 2018
The United States District Court for the Northern District of Mississippi has ordered a nursing home dispute to arbitration based on an individual’s oral consent to her daughter’s agency. In Crowe v. GGNSC Ripley, LLC et al., No. 3:17-cv-00171-MPM-RP (July 17, 2018), a woman, Crowe, filed a nursing home neglect lawsuit against the skilled nursing facility that cared for her mother, Rowland, prior to her death. The parent company of the facility, GGNSC Ripley, answered...
September 3, 2018
The United States District Court for the Northern District of Mississippi has ordered a nursing home dispute to arbitration based on an individual’s oral consent to her daughter’s agency. In Crowe v. GGNSC Ripley, LLC et al., No. 3:17-cv-00171-MPM-RP (July 17, 2018), a woman, Crowe, filed a nursing home neglect lawsuit against the skilled nursing facility that cared for her mother, Rowland, prior to her death. The parent company of the facility, GGNSC Ripley, answered...
Second Circuit Sets Evident Partiality Standard for Party-Appointed Arbitrators on Industry Tripartite Arbitration Panels
August 31, 2018
Section 10(a)(2) of the Federal Arbitration Act (the “FAA”) authorizes courts to vacate awards “where there was evident partiality. . . in the arbitrators. . . .” 9 U.S.C. § 10(a)(2). As respects neutral arbitrators, the U.S. Court of Appeals for the Second Circuit has long held that “[e]vident partiality may be found only where a reasonable person would have to conclude that an arbitrator was partial to one party to the arbitration.” Scandinavian Reinsurance Co. Ltd. v. Saint...
August 31, 2018
Section 10(a)(2) of the Federal Arbitration Act (the “FAA”) authorizes courts to vacate awards “where there was evident partiality. . . in the arbitrators. . . .” 9 U.S.C. § 10(a)(2). As respects neutral arbitrators, the U.S. Court of Appeals for the Second Circuit has long held that “[e]vident partiality may be found only where a reasonable person would have to conclude that an arbitrator was partial to one party to the arbitration.” Scandinavian Reinsurance Co. Ltd. v. Saint...
Information about Arbitrators – An Empirical Assessment
August 29, 2018
There seems to be a general consensus in the arbitration community about the fact that users are in need for more—or, rather, for more easily accessible—information about arbitrators. What is more, this perceived lack of information seems to be on a lot of people’s minds as almost every other arbitration-related conference features a panel on the topic. As more than nine out of ten respondents to the Survey indicated that international arbitration continues to be the preferred method of resolving...
August 29, 2018
There seems to be a general consensus in the arbitration community about the fact that users are in need for more—or, rather, for more easily accessible—information about arbitrators. What is more, this perceived lack of information seems to be on a lot of people’s minds as almost every other arbitration-related conference features a panel on the topic. As more than nine out of ten respondents to the Survey indicated that international arbitration continues to be the preferred method of resolving...
The Fourth Circuit: What Constitutes a Final Award and Who Makes the Call?
August 27, 2018
What constitutes a “final arbitration award” for purposes of the Federal Arbitration Act is important because it bears on whether an award can be confirmed, vacated, or modified under Sections 9, 10, or 11 of the Federal Arbitration Act (the “FAA”). We addressed the basics concerning final awards in a 2009 post, here. In Northfolk Southern Railway Co. v. Sprint Communications Co., L.P., 883 F.3d 417 (4th Cir. 2018), the U.S. Court of Appeals for the Fourth Circuit was faced with the question...
August 27, 2018
What constitutes a “final arbitration award” for purposes of the Federal Arbitration Act is important because it bears on whether an award can be confirmed, vacated, or modified under Sections 9, 10, or 11 of the Federal Arbitration Act (the “FAA”). We addressed the basics concerning final awards in a 2009 post, here. In Northfolk Southern Railway Co. v. Sprint Communications Co., L.P., 883 F.3d 417 (4th Cir. 2018), the U.S. Court of Appeals for the Fourth Circuit was faced with the question...
