Category: federal appellate court decisions

Earlier today, in a 2-to-1 decision giving a victory to employers, the Fifth Circuit reversed the NLRB’s finding that D.R. Horton had violated the National Labor Relations Act by requiring its employees to sign arbitration agreements with class action waivers.  Continue Reading

In Oxford Health Plans LLC v. Sutter (2013), the Supreme Court mentioned in a footnote that it has “not yet decided whether the availability of class arbitration” is presumptively a gateway issue for a court to decide, or presumptively for Continue Reading

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