The U.S. Supreme Court has once again confirmed that the Federal Arbitration Act (FAA) preempts incompatible state laws that preclude contracting parties from controlling which claims are subject to arbitration. Ruling in favor of the employer in Viking River Cruises, Inc. v. Moriana, the Court held that the California courts erred in refusing to
arbitration
U.S. Supreme Court Ruling Denies Arbitration, Ramps Up Litigation
By Mark J. Levin & Steven W. Suflas on
Posted in Arbitration, Litigation and Court Decisions
For the second time in two weeks, the U.S. Supreme Court has ruled against a company seeking to compel individual arbitration of Fair Labor Standards Act (FLSA) collective action claims. In Southwest Airlines Co. v. Saxon, the Court held that the plaintiff’s claims were exempt from arbitration under Section 1 of the Federal Arbitration…
U.S. Supreme Court rejects prejudice requirement for waiver of arbitration
By Mark J. Levin on
Posted in Arbitration, Litigation and Court Decisions
The U.S. Supreme Court today held that waiver of the right to arbitrate does not require a showing that the other party was prejudiced. The unanimous opinion by Justice Kagan in Morgan v. Sundance reversed the Eighth Circuit, which had held that a party waives the right to arbitrate if it knew of the right…
CFPB arbitration study would not support a new regulation
By Alan S. Kaplinsky on
Recently, Professor Jeff Sovern and I exchanged views on whether the CFPB could (or should) add arbitration rulemaking to its regulatory agenda. Professor Sovern has now suggested that the CFPB’s 2015 Study of consumer arbitration would support a new regulation. It would not.
The CFPB’s earlier final arbitration rule was overridden by the Congress under…
Don’t hold your breath, Professor Sovern!
By Alan S. Kaplinsky on
In Wednesday’s edition of Consumer Law & Policy Blog, Professor Jeff Sovern laments that during Director Rohit Chopra’s recent testimony before the Senate Banking Committee and the House Financial Services Committee, neither he nor any member of the Committees mentioned “arbitration” as an action item on the CFPB’s agenda. Professor Sovern expresses hope that…
Ninth Circuit revisits standards for enforcing online arbitration provisions
By Mark J. Levin on
Posted in Arbitration, Litigation and Court Decisions
Recently, the Ninth Circuit Court of Appeals reexamined when use of a website can bind a consumer to hyperlinked “terms and conditions” containing an arbitration provision that the consumer never saw or read. Affirming the district court, the appeals court held that the plaintiffs in Berman v. Freedom Financial Network, LLC did not enter into…
U.S. Supreme Court restricts ability of federal courts to confirm or vacate arbitration awards
By Mark J. Levin & Martin C. Bryce, Jr. on
Posted in Arbitration, Litigation and Court Decisions
Ruling on an important Federal Arbitration Act (FAA) procedural issue that has divided the circuit courts, the U.S. Supreme Court has decided that the “look-through” approach often used in determining whether federal jurisdiction exists to decide motions to compel arbitration filed under Section 4 of the FAA does not apply to motions to confirm or…
This week’s podcast: A deep dive into mass arbitration: Part II, with special guest Maria Glover, Professor Of Law At Georgetown University Law Center
By Barbara S. Mishkin on
Posted in Arbitration
Professor Glover is the author of the first major academic study of mass arbitration, which is soon to be published as a law review article. In Part II of this two-part podcast, we discuss the economics of mass arbitration, including the minimum claim amount necessary to make mass arbitration viable and how consumers’ recovery in…
This week’s podcast: A deep dive into mass arbitration: Part I, with special guest Maria Glover, Professor of Law at Georgetown University Law Center
By Barbara S. Mishkin on
Posted in Arbitration
Prof. Glover is the author of the first major academic study of mass arbitration, which is soon to be published as a law review article. In Part I of this two-part podcast, after reviewing the historical background of the Federal Arbitration Act, key SCOTUS arbitration decisions, and the evolution of mass arbitration, Prof. Glover discusses…
Senate passes bill curbing arbitration of workplace sexual harassment claims: could more FAA exceptions follow?
By Mark J. Levin & Alan S. Kaplinsky on
Posted in Arbitration
The U.S. Senate passed a bipartisan bill aimed at preventing employers from requiring workers to arbitrate sexual harassment and assault claims. The bill will now go to President Biden for his expected signature. Known as the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” the bill will amend the Federal Arbitration…