Mediators of Southern California
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,
Posted on December 18, 2013 at 7:34pm
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
Posted on December 17, 2013 at 5:04pm
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
Posted on December 16, 2013 at 4:40pm
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
Posted on December 12, 2013 at 7:41pm