Page 2 - Arbitration Provision News Today

Courts around the country continue to approach the enforceability of class-action waivers and arbitration provisions in ERISA plan documents differently. This alert discusses recent...

In a recent case, the Florida Supreme Court held that an arbitration covenant contained in a developer’s original deed also bound the second owner. The case serves as a good reminder...

On January 20, 2022, the United States District Court for the Southern District of Florida enforced a mandatory arbitration and class action-waiver provision (Arbitration Provision) in...

Plaintiff Adriane Jefferson signed up for a line of credit on Credit One’s website & received and acknowledged and arbitration notice; Jefferson sued under TCPA in Seventh Circuit; arguing she did not make a knowing and voluntary waiver of her litigation and trial rights

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On September 10, 2021, the Seventh Circuit decided Smith v. Board of Directors of Triad Manufacturing Inc., No. 20-2708, holding that benefit plans may require claimants to arbitrate...

Takeaway: Parties seeking to compel arbitration often rely on the rule that where an arbitration agreement contains broad language, any ambiguity about whether a claim must be...

To embed, copy and paste the code into your website or blog: On April 5, 2021, the Eleventh Circuit reversed a district court’s denial of a defendant’s motion to compel arbitration in a Fair Credit Reporting Act (“FCRA”) lawsuit arising from a former Comcast customer’s re-application for services, holding that the FCRA claim related to a prior agreement that contained an arbitration provision. The case is noteworthy in that it involved a particularly sweeping arbitration provision—a...

To print this article, all you need is to be registered or login on Mondaq.com. On April 21, 2021, the Second Appellate District of the Court of Appeal of the State of California filed an unpublished opinion rejecting Ubers attempt to enforce an arbitration provision that waived an employees right to bring a claim under the California Private Attorneys General Act (PAGA). This statute authorizes "aggrieved employees" to file lawsuits to recover civil penalties from em...

[author: Shiva Pedram] On April 21, 2021, the Second Appellate District of the Court of Appeal of the State of California filed an unpublished opinion rejecting Uber’s attempt to enforce an arbitration provision that waived an employee’s right to bring a claim under the California Private Attorneys General Act (PAGA). This statute authorizes “aggrieved employees” to file lawsuits to recover civil penalties from employers for violations of the California labor code. The plaintiff, Jonath...