Category: federal appellate court decisions

Earlier today, the Second Circuit issued a summary order affirming a district court’s decision that an employer had not waived its right to arbitrate by waiting four months to file a motion to compel arbitration in response to the filing Continue Reading

In Citigroup, Inc. v. Abu Dhabi Investment Authority, No. 13-4825 (2d Cir. Jan 14, 2015) (click here for a copy of the decision), the Second Circuit refused to enjoin a second arbitration proceeding based on the alleged claim-preclusive effect of Continue Reading

Last week, in a 2-to-1 decision, the Ninth Circuit affirmed a district court’s refusal to enforce an employment arbitration agreement. See Zaborowski v. MHN Government Services, Inc., No. 13-15671 (9th Cir. Dec. 17, 2014) (click here for a copy of Continue Reading

Typically, a corporation seeks to enforce an arbitration clause in connection with a consumer dispute, while the consumer seeks to avoid arbitration and instead have a jury trial in court. However, in a recent Third Circuit case, the tables were Continue Reading

After three trips to the Second Circuit, and after almost ten years (yes, ten years!) of litigation and arbitration, the Second Circuit finally affirmed an arbitrator’s decision that a dispute cannot be arbitrated. The case of Emilio v. Sprint Spectrum Continue Reading

In Knutson v. Sirius XM Radio Inc., No. 12-56120 (9th Cir. Nov. 10, 2014) (click here for a copy of the decision), the Ninth Circuit held that Sirius could not enforce an arbitration clause used in connection with a free Continue Reading

In Inetianbor v. Cashcall, Inc., No. 13-13822 (11th Cir. Oct. 2, 2014) (click here for a copy of the decision), the Eleventh Circuit affirmed a district court’s order refusing to compel arbitration because the forum specified in the arbitration clause Continue Reading

In Elite Logistics Corp. v. Hanjin Shipping Co., No. 12-56238 (9th Cir. Sept. 19, 2014) (click here for a copy of the decision), a majority of a Ninth Circuit panel issued a brief decision finding an arbitration clause to be Continue Reading

In Kay v. The Minacs Group, Inc., No. 13-1974 (6th Cir. Sept. 5, 2014) (click here for a copy of the decision), the plaintiff employee filed an age discrimination suit against his employer, and the employer moved to dismiss the action Continue Reading

Shortly after several franchisees filed suit against the franchisor Steak n Shake regarding new pricing policies, Steak n Shake adopted an arbitration policy requiring franchisees to engage in “nonbinding arbitration” at Steak n Shake’s request. The Seventh Circuit, agreeing with Continue Reading