On Novel Grounds, Philadelphia Judge Rejects Uber’s Bid to Arbitrate Passenger’s Personal Injury Claim
By Charles B. Casper and Robert E. Day If your company uses an online agreement and sells to Philadelphia residents, you will want to know about a January 3, 2020 Philadelphia Court of Common Pleas ruling in Kemenosh v. Uber Technologies, Inc. The court refused to… Read More
Supreme Court: FAA Does Not Apply to Arbitration Agreements with Interstate or Foreign Transportation Workers
On January 8, the Supreme Court handed down its second unanimous opinion on arbitration in as many weeks, New Prime Inc. v. Oliveira, 586 U.S. ___ (Jan. 15, 2019). The first opinion, Schein (as discussed here) requires courts to interpret delegation clauses strictly and enforce… Read More
Don’t Bury Your Arbitration Clause: Third Circuit Refuses To Enforce Arbitration Clause/Class Action Waiver
If you want to enforce an arbitration clause and class action waiver, don’t bury it on the 97th page of a product manual. Instead, make sure consumers have reasonable notice of it. That’s the lesson from the Third Circuit’s decision in Noble v. Samsung Electronics… Read More
United States Supreme Court Rejects California Appellate Court’s Refusal to Enforce Arbitration Provision
The United States Supreme Court has reversed a California appellate court’s refusal to enforce an arbitration provision in a contract, concluding that the court’s decision is incompatible with the Federal Arbitration Act and prior Supreme Court precedent. The case, DirecTV, Inc. v. Imburgia, __ S.… Read More
Third Circuit Rules That Whether a Contract Permits Classwide Arbitration is for the District Court, not the Arbitrator, to Decide
In a case of first impression, the Third Circuit has ruled that the district court, not an arbitrator, should decide whether classwide arbitration is available under a contract with an arbitration clause. Opalinski v. Robert Half International Inc., No. 12-4444, 2014 WL 3733685 (3d Cir.… Read More