Category: federal appellate court decisions

Earlier this week, the Ninth Circuit issued two rulings addressing FAA preemption.  As explained below, the Ninth Circuit applied Concepcion to strike down a state law in one decision, but in the other decision, the Ninth Circuit issued a sensible Continue Reading

In Delaware Coalition for Open Gov’t v. Strine, No. 12-3859 (3rd Cir. Oct. 23, 2013) (click here for a copy of the opinion), the Third Circuit held, in a 2-1 decision, that Delaware’s government-sponsored, confidential arbitration system for Delaware business Continue Reading

The Second Circuit recently issued a summary order affirming a district court’s denial of a motion to compel arbitration because the defendants had waived their right to arbitrate.  Technology in Partnership, Inc. v. Rudin, No. 12–3699–cv (2d Cir. Sept. 17, Continue Reading

Pursuant to section 4 of the Federal Arbitration Act, a party may petition a federal court for an order compelling another person to honor an arbitration agreement.  However, federal courts are courts of limited subject matter jurisdiction, and section 4 Continue Reading

In Richards v. Ernst & Young, LLP, No. 11–17530 (9th Cir. Aug. 21, 2013) (click here for a copy of the decision), the district court had denied the defendant’s motion to compel arbitration because the defendant had waived its right Continue Reading

When parties seek to enforce an arbitration agreement in federal court, I have noticed that parties use a variety of different procedures, such as a Rule 12b1 motion to dismiss for lack of subject matter jurisdiction, a Rule 12b6 motion Continue Reading

For the second time in about a week, the Second Circuit relied on the Supreme Court’s American Express ruling to end a collective action for overtime wages through the enforcement of an individual arbitration agreement.  See Raniere v. Citigroup, No. Continue Reading

Last week, the Second Circuit relied on the Supreme Court’s recent American Express case to reverse a district court’s denial of a motion to compel arbitration.  See Sutherland v. Ernst & Young, No. 12–304–cv (2d Cir. Aug. 9, 2013) (Click Continue Reading

The National Arbitration Forum (NAF) ceased administering consumer arbitrations in 2009 after it settled a suit brought by the Minnesota Attorney General.  However, as a recent Seventh Circuit opinion shows, parties continue to select the NAF in consumer arbitration agreements.  Continue Reading

A recent appeal before the Fifth Circuit sheds light on certain aspects of unfairness in compelling arbitration of employment disputes. The case involves a former employee who is suing her former employer for age discrimination.  Brief of Appellant, Phillips v. Continue Reading