Supreme Court Limits California’s PAGA Law on Employment Claims, Preempting It in Part under the Federal Arbitration Act

By Arjan Bir Singh Sodhi & Russ Bleemer The U.S. Supreme Court ruled this morning that employers may require their workers to arbitrate employment disputes under California’s Private Attorneys General Act, a 2003 law that allows Californians to file suit on behalf of the state for employment-law violations.   The Federal Arbitration Act, the Court found … Continue reading Supreme Court Limits California’s PAGA Law on Employment Claims, Preempting It in Part under the Federal Arbitration Act

Supreme Court Backs Airport Worker, Applies Federal Arbitration Act Sec. 1 Exemption, and Sends Employment Dispute to Court

By Russ Bleemer and R. Daniel Knaap The U.S. Supreme Court affirmed unanimously a Seventh U.S. Circuit Court of Appeals decision that a worker who loads or unloads goods from vehicles that engage in interstate commerce, but does not physically transport goods, is exempt from the Federal Arbitration Act as a “worker engaged in foreign … Continue reading Supreme Court Backs Airport Worker, Applies Federal Arbitration Act Sec. 1 Exemption, and Sends Employment Dispute to Court

Supreme Court Won’t Hear Rates-Review Arbitration Request, Sending Customer Dispute to Court

By Russ Bleemer The U.S. Supreme Court this morning declined to hear a case on whether the nearly century-old Federal Arbitration Act preempts state law—this time, a clash with Tennessee common law on contracts. The FAA has shown a lot of muscle in the U.S. Supreme Court over its history, and it’s rarely displaced.  Petitioners … Continue reading Supreme Court Won’t Hear Rates-Review Arbitration Request, Sending Customer Dispute to Court

Supreme Court Rejects Prejudice Requirement for Defeating a Motion to Compel Arbitration

By R. Daniel Knaap & Russ Bleemer The U.S. Supreme Court backed a Taco Bell worker resisting her employer’s motion to compel arbitration this morning when it ruled, in a unanimous opinion by Justice Elena Kagan, that a party need not show it was prejudiced by the moving party’s actions. The decision vacated an Eighth … Continue reading Supreme Court Rejects Prejudice Requirement for Defeating a Motion to Compel Arbitration

Airbnb’s Clickwrap Agreement Prevails in Florida’s Top Court, Sending Hidden Camera Dispute to an Arbitrator

By Russ Bleemer A highly anticipated Florida Supreme Court case on the effect of incorporating arbitration rules into a consumer contract was decided this morning in favor of the app provider, Airbnb, sending a decision about whether a case is arbitrated to an arbitrator, instead of a court. Today’s opinion in Airbnb v. Doe, No. … Continue reading Airbnb’s Clickwrap Agreement Prevails in Florida’s Top Court, Sending Hidden Camera Dispute to an Arbitrator

Supreme Court Rejects Federal FAA Jurisdiction for Arbitration Award Enforcement and Challenges

By Russ Bleemer & Andrew Ling The Supreme Court embraced a narrow construction of subject-matter jurisdiction in arbitration matters today, reversing a Fifth U.S. Circuit Court of Appeals decision that a federal trial court had jurisdiction under Sections 9 and 10 of the Federal Arbitration Act to confirm and overturn arbitration awards. Badgerow v. Walters, … Continue reading Supreme Court Rejects Federal FAA Jurisdiction for Arbitration Award Enforcement and Challenges

Adding a Claim, and Avoiding Arbitration:  The Supreme Court Reviews California’s Private Attorneys General Act

By Russ Bleemer The U.S. Supreme Court Wednesday examined California’s law allowing individuals to stand in for the state and file suits on behalf of coworkers against their employers even when they have arbitration obligations in the employment contracts. California’s Private Attorneys General Act unquestionably has affected individualized arbitration processes under the Federal Arbitration Act, … Continue reading Adding a Claim, and Avoiding Arbitration:  The Supreme Court Reviews California’s Private Attorneys General Act

The Fight over Arbitration and Class-Action Access Returns to the Supreme Court Tomorrow on California’s PAGA Law

By Russ Bleemer Wednesday’s U.S. Supreme Court oral argument in Viking River Cruises v. Moriana, No. 20-1573, will sort the relationship between the Federal Arbitration Act and California’s Private Attorneys General Act. The case concludes a Supreme Court run of five arbitration cases in four oral arguments over nine days. The Court tomorrow will likely … Continue reading The Fight over Arbitration and Class-Action Access Returns to the Supreme Court Tomorrow on California’s PAGA Law

Looking for Definitions, the Supreme Court Weighs the Limits of the Federal Arbitration Act’s Sec. 1 Exemption

By Russ Bleemer Today’s Federal Arbitration Act oral argument in the U.S. Supreme Court gives the justices the opportunity to refine the meaning of the first section of the nearly century-old law designed to discourage bias against arbitration. They struggled with that task in trying to set the limits of the types of workers who … Continue reading Looking for Definitions, the Supreme Court Weighs the Limits of the Federal Arbitration Act’s Sec. 1 Exemption

Supreme Court Preview: An Airline and an Employee Will Argue Over the Reach of an Exclusion from the Federal Arbitration Act

By Russ Bleemer The U.S. Supreme Court reconvenes Monday morning to hear oral arguments in the third of four arbitration matters before the justices in a nine-day period. Southwest Airlines Co. v. Saxon, No. 21-309, may have the biggest impact on workers of any of the cases.  It presents a Federal Arbitration Act Sec. 1 … Continue reading Supreme Court Preview: An Airline and an Employee Will Argue Over the Reach of an Exclusion from the Federal Arbitration Act