The trial court, rather than an arbitrator, should decide the merits of the waiver by litigation conduct defense to arbitration asserted by plaintiffs.

Hong v. CJ CGV America Holdings, Inc., California Court of Appeal, Second District, Div. Five, case no.  B246945, filed December 18, 2013,

Link: http://www.courts.ca.gov/opinions/documents/B246945.PDF

A non-appealability clause in an arbitration agreement that eliminates all federal court review of arbitration awards, including review under Sec. 10 of the Federal Arbitration Act, is not enforceable

In re Wal-Mart Wage and Hour Employment Practices Litigation, U.S. Court of Appeals for the Ninth Circuit, case no. 11-17718, filed December 17, 2013

Link:…

An insufficiently-identified third-party to an internet contract containing arbitration clause cannot compel purchaser to arbitrate claims in class action against identified contracting party.

Lee v. Intelius Inc., U.S. Court of Appeals for the Ninth Circuit, case no. 11-35810, filed December 16, 2013

Link: http://cdn.ca9.uscourts.gov/datastore/opinions/2013/12/16/11-35810.pdf

Judge, rather than an arbitrator, should decide whether arbitration clause in an attorney retainer agreement was unconscionable, and that clause was unenforceable under non-preempted Washington law

Smith v. JEM Group Inc., U.S. Court of Appeals for the Ninth Circuit, case no. 11-35964, filed December 12, 2013

Link: http://cdn.ca9.uscourts.gov/datastore/opinions/2013/12/11/11-35964.pdf