by D. Gregory Valenza | |
The California courts of appeal have been busy socially distancing themselves from enforcing arbitration agreements. Mostly. (To be fair, they enforced one too. I just couldn’t resist the COVID joke.) It gets lonely on lockdown. Sue me, if you can find an...
by D. Gregory Valenza | |
AB 51 attempts to ban employers from requiring applicants or employees from entering into arbitration agreements as a “condition” of employment. I posted about the law here. Although the law tries a novel approach to banning arbitration, a federal...
by D. Gregory Valenza | | April 24, 2019
The U.S. Supreme Court held in Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp., 559 U. S. 662 (2010), that an arbitration agreement, silent about class-wide arbitration, authorizes only individual arbitration claims included in the arbitration contract. The rationale...
by D. Gregory Valenza | | January 8, 2019
The U.S. Supreme Court held that lower courts cannot decide whether a claim is arbitrable, if the parties to the arbitration agreement properly delegated that responsibility to the arbitrator. Justice Kavanaugh wrote his first opinion on behalf of a unanimous Court....
by D. Gregory Valenza | | May 21, 2018
The U.S. Supreme Court decided today: employers may require employees to arbitrate claims only on the employee’s own (individual) behalf – I.e., no class actions. This opinion in Epic Systems Corp. v. Lewis, settles a recent dispute about whether the...
