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Arbitration
Do You Think a Consumer Website Can Arbitrate Disputes? Maybe Not Without Prior Approval
January 16, 2015
The American Arbitration Association (AAA) changed its Consumer Arbitration Rules effective Sept. 1, 2014 and now requires AAA pre-approval and annual renewal for Terms of Service that obligate consumers to arbitrate disputes. According to the AAA, “contracts that typically meet the criteria for application of these Rules, if the contract is for personal or household goods or services and has an arbitration provision, include, but are not limited to the following:” Credit card agreements Telecommunications...
January 16, 2015
The American Arbitration Association (AAA) changed its Consumer Arbitration Rules effective Sept. 1, 2014 and now requires AAA pre-approval and annual renewal for Terms of Service that obligate consumers to arbitrate disputes. According to the AAA, “contracts that typically meet the criteria for application of these Rules, if the contract is for personal or household goods or services and has an arbitration provision, include, but are not limited to the following:” Credit card agreements Telecommunications...
DirecTV Seeks Mediation Over Arbitration
January 14, 2015
DirecTV has taken a firm position that it is not interested in arbitration of a carriage dispute that continues to prevent 70% of the Los Angeles market from viewing Dodgers games, but will consider mediation involving all pay-TV operators in the market and a compromise by the Dodgers ownership. Separately, eight U.S. Representatives sent a letter asking the Federal Communications Commission to mediate the ongoing dispute involving Time Warner Cable, which owns distribution rights to the Dodgers’...
January 14, 2015
DirecTV has taken a firm position that it is not interested in arbitration of a carriage dispute that continues to prevent 70% of the Los Angeles market from viewing Dodgers games, but will consider mediation involving all pay-TV operators in the market and a compromise by the Dodgers ownership. Separately, eight U.S. Representatives sent a letter asking the Federal Communications Commission to mediate the ongoing dispute involving Time Warner Cable, which owns distribution rights to the Dodgers’...
Guy Who Never Signed Arbitration Agreement Can Not Be Forced into Arbitration
January 9, 2015
Really? This is a thing now? The District Court held that a company can bind a consumer to an arbitration provision and class action waiver in a rolling contract of adhesion. Fortunately, the Ninth Circuit didn't buy it, but why is it even a close call? In November 2011, Erik Knutson bought a Toyota which came with a 90-day subscription to Siriux XM Radio (Sirius). About a month into his trial subscription, Sirius sent Knutson a "welcome kit." That welcome kit included a customer agreement...
January 9, 2015
Really? This is a thing now? The District Court held that a company can bind a consumer to an arbitration provision and class action waiver in a rolling contract of adhesion. Fortunately, the Ninth Circuit didn't buy it, but why is it even a close call? In November 2011, Erik Knutson bought a Toyota which came with a 90-day subscription to Siriux XM Radio (Sirius). About a month into his trial subscription, Sirius sent Knutson a "welcome kit." That welcome kit included a customer agreement...
First Circuit Uses Its Thesaurus and Denies Motion to Compel Arbitration
January 7, 2015
In Joca-Roca Real Estate, LLC v. Brennan, the First Circuit affirmed the District Court's denial of plaintiff's motion to compel...
January 7, 2015
In Joca-Roca Real Estate, LLC v. Brennan, the First Circuit affirmed the District Court's denial of plaintiff's motion to compel...
Arbitration Award Enforcement Practice Website and Arbitration Award Practice Blog
January 6, 2015
Last week Loree & Loree launched its Arbitration Award Enforcement Practice Website, which is designed to highlight the award enforcement and challenge services we offer as part of our arbitration and arbitration law practice (referred to in our website as our Arbitration Law, Practice & Procedure practice, but what’s in a name?). As part and parcel of that, the website also provides what we hope will be some useful general information about the Federal Arbitration Act and proceedings to confirm,...
January 6, 2015
Last week Loree & Loree launched its Arbitration Award Enforcement Practice Website, which is designed to highlight the award enforcement and challenge services we offer as part of our arbitration and arbitration law practice (referred to in our website as our Arbitration Law, Practice & Procedure practice, but what’s in a name?). As part and parcel of that, the website also provides what we hope will be some useful general information about the Federal Arbitration Act and proceedings to confirm,...
2014: The Year of Arbitrator Authority
January 6, 2015
A lot of interesting arbitration law was made this year, on topics from validity to vacatur, but the banner issue was arbitrator authority. SCOTUS announced that theme for the year with its BG Group decision in March and federal and state courts around the country ran with it. [Warning: this post is a doozy. Get comfortable. Like my cat in the picture.] Arbitrator Authority What did we learn about arbitrator authority? Well, SCOTUS reminded us in BG Group PLC v. Republic of Argentina that...
January 6, 2015
A lot of interesting arbitration law was made this year, on topics from validity to vacatur, but the banner issue was arbitrator authority. SCOTUS announced that theme for the year with its BG Group decision in March and federal and state courts around the country ran with it. [Warning: this post is a doozy. Get comfortable. Like my cat in the picture.] Arbitrator Authority What did we learn about arbitrator authority? Well, SCOTUS reminded us in BG Group PLC v. Republic of Argentina that...
NLRB Modifies Arbitration Deferral Standard
January 4, 2015
Yesterday, the NLRB issued a decision in Babcock & Wilcox, which changed its approach to arbitration deferral. Under the Board's...
January 4, 2015
Yesterday, the NLRB issued a decision in Babcock & Wilcox, which changed its approach to arbitration deferral. Under the Board's...
FINRA Orders Wealth Management Firm to Pay 19 Exxon Retirees $3.8 Million
December 22, 2014
A Financial Industry Regulatory Authority (“FINRA”) arbitration panel has reportedly ordered a Houston-based wealth management company to pay 19 retirees a total of $3.8 million for mismanaging their investment accounts. In the case, a group of former Exxon-Mobil Corporation employees claimed that USCA Capital Advisors LLC mislead them about the company’s investment strategy and performance. The retirees also accused the wealth management firm of breaching its fiduciary duty, omitting important...
December 22, 2014
A Financial Industry Regulatory Authority (“FINRA”) arbitration panel has reportedly ordered a Houston-based wealth management company to pay 19 retirees a total of $3.8 million for mismanaging their investment accounts. In the case, a group of former Exxon-Mobil Corporation employees claimed that USCA Capital Advisors LLC mislead them about the company’s investment strategy and performance. The retirees also accused the wealth management firm of breaching its fiduciary duty, omitting important...
Part Four: Arbitration in Evolution
December 19, 2014
This is the final installment in Disputing‘s series focused on sections of a research paper entitled, “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” by Pepperdine University School of Law Professor Thomas Stipanowich and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich. The article fully analyzes the data obtained in a groundbreaking 2013 survey regarding commercial arbitration practice in U.S. and international disputes. This...
December 19, 2014
This is the final installment in Disputing‘s series focused on sections of a research paper entitled, “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” by Pepperdine University School of Law Professor Thomas Stipanowich and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich. The article fully analyzes the data obtained in a groundbreaking 2013 survey regarding commercial arbitration practice in U.S. and international disputes. This...
Part Three: Arbitration in Evolution
December 18, 2014
In Parts One and Two of this series, Disputing focused on portions of “Arbitration in Evolution: Current Practices and Perspectives...
December 18, 2014
In Parts One and Two of this series, Disputing focused on portions of “Arbitration in Evolution: Current Practices and Perspectives...
