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Jan 29

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

Mar 07

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

Dec 15

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

Aug 13

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