Menu
All articles tagged '"Ninth Circuit"'
21 articles found
SCOTUS Holds Class Arbitration Must be Explicitly Provided for in Agreement
By Beth Graham - April 25, 2019
Yesterday, the Supreme Court of the United States issued a decision holding class arbitration is not permitted in situations where an agreement to arbitrate is silent on the issue.
ND California Orders FCRA Case to Arbitration Based on Lyft Ride-Sharing App’s TOS
By Beth Graham - January 15, 2019
The Northern District of California has ordered a proposed class action lawsuit that was filed against ride-sharing app Lyft and based on purported violations of the Fair Credit Reporting Act (“FCRA”) to arbitration.
SCOTUS Grants Certiorari in Yet Another Class Arbitration Dispute
By Beth Graham - May 4, 2018
The Supreme Court of the United States has granted certiorari in yet another class arbitration dispute in the labor context.
Will the Supreme Court Agree to Address Pre-Dispute Employment Arbitration Provisions Containing Class and Collective Action Waivers?
By Beth Graham - July 26, 2016
Christine Neylon O'Brien, Professor of Business Law at Boston College - Carroll School of Management has written “Will the Supreme Court Agree with the NLRB that Pre-Dispute Employment Arbitration Provisions Containing Class and Collective Action Waivers in Both Judicial and Arbitral Forums Violate the National Labor Relations Act – Whether There is an Opt-Out or Not?,” University of Pennsylvania Journal of Business Law, Vol. 19, accepted (Forthc
Ninth Circuit Holds Client May Sue Former Law Firm After Mandatory Arbitration Was Terminated for Non-Payment
By Beth Graham - July 11, 2016
The United States Court of Appeals for the Ninth Circuit has issued a decision stating a law firm’s client may pursue a legal malpractice case against her former attorneys despite that she was unable to pay her share of mandatory arbitration expenses.
Ninth Circuit Rules on Enforceability of Class Action Waiver Under the Federal Arbitration Act
By Victoria VanBuren - April 4, 2012
In Coneff v. AT&T, No. 09-35563 (9th Cir. March 16, 2012), Plaintiffs are current and former customers of defendants, New Cingular Wireless Services, Inc., and AT&T Mobility, LLC (“AT&T”). Plaintiffs filed a class action against AT&T, which responded by seeking to enforce an arbitration agreement contained in its contracts with Plaintiffs. The service agreement requires individualized arbitration of “all disputes and claims,” and
2011 Mediation Case Law
By Victoria VanBuren - January 4, 2012
In addition to our mediation series, during 2011 we published these posts discussing mediation case law: Federal Circuit Declines to Recognize a Mediation Privilege Texas Court of Appeals Dismisses Appeal Because Appellant Walked Out of the Court-Ordered Mediation Federal Texas Court Rules for Producing Negotiation Communications Texarkana COA Upholds MSA Where Mediator Resolved Dispute Regarding Scope Ninth Circuit Affirms Mediated Facebook Sett
GUEST-POST | Professor Alan Scott Rau Comments on Flattery Ltd. v. Titan Maritime LLC
By Victoria VanBuren - November 21, 2011
by Alan Scott Rau Some of the readers of this blog may have missed the Ninth Circuit’s recent decision in Cape Flattery Ltd. v. Titan Maritime LLC, 647 F.3d 914 (9th Cir. 2011)—in which the court addressed the critical question of how a court is to determine whether a dispute is “arbitrable” for purposes of a motion to compel—and then proceeds to make a complete hash of it. The M/ V Cape Flattery had run aground on a submerged coral r
Ninth Circuit Rules that Pre-Dispute Mandatory Arbitration Clause Is Invalid Under the Magnuson-Moss Warranty Act
By Victoria VanBuren - October 13, 2011
In Kolev v. Euromotors West/The Auto Gallery, 2011 U.S. App. LEXIS 19254 (9th Cir. Cal. Sept. 20, 2011) a pre-owned car Diana Kolev (“Kolev”) purchased developed serious mechanical problems during the warranty period and the dealership refused to honor her warranty claims. Kolev sued for breach of warranties under the Magnuson-Moss Warranty Act (“MMWA”), 15 U.S.C. Section 2301 et seq., breach of contract, and unconscionabi
Ninth Circuit Refuses to Compel Arbitration Because Arbitration Clause Was Not Broad Enough to Cover Dispute
By Victoria VanBuren - September 21, 2011
In Cape Flattery Limited v. Titan Maritime, LLC, No. 09-15682 (9th Cir. July 26, 2011) Cape Flattery, a shipowner had contracted with Titan, a salvage company, to remove a stranded vessel from a reef. The contract contained the following arbitration clause: Any dispute arising under this Agreement shall be settled by arbitration in London, England, in accordance with the English Arbitration Act 1996 and any amendments thereto, English law and pra
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy