Category: state court decisions

In Atalese v. U.S. Legal Services Group, LP, No. A-64-12 (N.J. Sept. 23, 2014) (click here to see a copy of the decision), the New Jersey Supreme Court found a consumer arbitration clause was not enforceable because the clause did Continue Reading

Today, the California Supreme Court issued its much-anticipated decision in Iskanian v. CLS Transportation Los Angeles, LLC, No. S204032 (Cal. June 23, 2014) (click here for a copy of the decision).  The underlying merits involved an employment dispute regarding overtime Continue Reading

Yesterday, a California appellate court issued a detailed, treatise-like analysis of FAA preemption, unconscionability, and delegation clauses in arbitration agreements. The court ultimately compelled arbitration of the underlying employment dispute by upholding the enforcement of a delegation clause providing that Continue Reading

Because of the fictional separability of a delegation clause in an arbitration agreement, issues regarding the enforceability of an arbitration agreement can be delegated to an arbitrator under the reasoning of the Supreme Court’s decision in Rent–A–Center, West, Inc. v. Continue Reading

Courts have reached conflicting results regarding the enforceability of an arbitration clause in a trust document.  For example, last year, the Texas Supreme Court held that a beneficiary was bound to an arbitration clause in a trust document (click here Continue Reading

The California Supreme Court recently issued an important case involving FAA preemption.  In Sonic-Calabasas A, Inc. v. Moreno, No. S174475 (Oct. 17, 2013) (click here for a copy of the opinion), the California Supreme Court found that the FAA, as Continue Reading

Earlier this summer in June, the Massachusetts Supreme Court issued a detailed, well-reasoned decision dealing with the enforceability of class waivers in an arbitration clause.  I had blogged about this case, Feeney v. Dell, when it came out earlier this Continue Reading

A recent Texas opinion revealed an interesting, and rather harsh, provision in an arbitration agreement.  D.R. Horton-Texas, Ltd. v. Drogseth, No. 02–12–00435–CV (Tex.App.-Fort Worth July 3, 2013).  Click here for a copy of the opinion.   The case involved a dispute Continue Reading

The Massachusetts Supreme Court recently issued two important opinions dealing with the enforceability of class waivers in arbitration agreements: Feeney v. Dell, SJC-11133 (Mass. June 12, 2013) (click here for a copy of the opinion), and Machado v. System4, LLC, Continue Reading

A California appellate court recently found an arbitration clause in an automobile retail installment contract to be unconscionable and unenforceable.  Vargas v. Sai Monrovia B, Inc., No. B237257 (Cal. App. 2nd Dist. June 4, 2013). (Click here for a copy Continue Reading