LA Mediators

Mediators of Southern California

December 2013 Blog Posts (6)

New Appellate Arbitration Opinion

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

Added by Leslie (Les) S. Rothenberg on December 18, 2013 at 7:34pm — No Comments

New Appellate Arbitration Opinion

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:…

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Added by Leslie (Les) S. Rothenberg on December 17, 2013 at 5:04pm — No Comments

New Appellate Arbitration Opinion

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

Added by Leslie (Les) S. Rothenberg on December 16, 2013 at 4:40pm — No Comments

New Appellate Arbitration Opinion

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

Added by Leslie (Les) S. Rothenberg on December 12, 2013 at 7:41pm — No Comments

New Appellate Arbitration Opinion

Because of failure to establish prejudice as result of employer’s alleged delay,

it did not waive its right to arbitration by failing to assert that right as a defense in an earlier employee action

 

Richards v. Ernst & Young, LLP, U.S. Court of Appeals for the Ninth Circuit, case no. 11-17530, filed August 21, 2013, amended December 9, 2013

 

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Added by Leslie (Les) S. Rothenberg on December 9, 2013 at 5:13pm — No Comments

New Appellate Arbitration Opinion from Fifth Circuit

Employers can require employees to sign arbitration agreements waiving all rights to class-action lawsuits over workplace grievances, but must clarify that individual complaints to NLRB are permitted.

 

D.R. Horton, Inc. v. National Labor Relations Board, U.S. Court of Appeals for the Fifth Circuit, case no. 12-60031, filed 12/3/13

 

Link:…

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Added by Leslie (Les) S. Rothenberg on December 4, 2013 at 12:46pm — No Comments

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