Category: federal appellate court decisions

In a recent decision from the 11th Circuit, the court found that an arbitration agreement printed on the outside wrapper of a package of roofing shingles is fully enforceable if a consumer purchases, opens, and retains the product.  Dye v. Continue Reading

In Dish Network L.L.C. v. Ray, No. 17-1013 (10th Cir. Aug. 21, 2018) (click here for a copy of the decision), the Tenth Circuit addressed whether a court or arbitrator is the correct decision-maker to determine whether an arbitration clause Continue Reading

In Hernandez v. Acosta Tractors Inc., Nos. 17-13067, 17-13673 (11th Cir. Aug. 8, 2018) (click here for a copy of the decision), the Eleventh Circuit addressed an overtime wage dispute involving an unusual, turn-the-tables role reversal – where an employer Continue Reading

In Munro v. University of Southern California, No. 17-55550 (9th Cir. July 24, 2018) (click here for a copy of the decision), the Ninth Circuit held that claims for breach of fiduciary duty in the administration of ERISA plans are Continue Reading

There is a growing body of law analyzing the formation of online arbitration agreements, and the First Circuit’s recent opinion in Cullinane v. Uber Technologies, Inc., No. 16-2023 (1st Cir. June 25, 2018) (click here for a copy of the Continue Reading

In a good win for employees fighting against the tide to bring their claims in court, the Fifth Circuit reversed a lower court’s decision to compel arbitration because the employer had failed to sign the arbitration agreement.  Huckaba v. Ref-Chem, Continue Reading

In Gamble v. New England Auto Finance, Inc., No. 17-15343 (11th Cir. May 31, 2018) (click here for a copy of the decision), the Eleventh Circuit affirmed the denial of a finance company’s motion to compel arbitration.  After the consumer Continue Reading

The Seventh Circuit recently addressed whether a child could be bound by her parent’s arbitration agreement.  See A.D. v. Credit One Bank, No. 17-1486 (7th Cir. Mar. 22, 2018) (click here for a copy of the decision).  In this case, Continue Reading

Challenging a harsh, one-sided arbitration clause became tougher after the Supreme Court’s 2010 decision in Rent-A-Center v. West, if the arbitration agreement contains a delegation clause.  As a result of the Rent-A-Center decision, courts can punt issues about the enforceability Continue Reading

“Sign this contract, which contains an arbitration clause, and pay up, or you’re going to jail!”  Consumers in California faced this situation, which was addressed by the Ninth Circuit this week in a case called Breazeale v. Victim Services, Inc., Continue Reading