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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—applying broadly to all disputes between the parties, even those arising after the services agreemen...
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 On April 21, 2021, the Second Appellate District of the Court of Appeal of the State of California filed an unpublished opinion rejecting Uber's attempt to enforce an arbitration provision that waived an employee's right to bring a claim under the California Private Attorneys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, Jonathan Gregg, filed a lawsui...
[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Pedram] On April 21, 2021, the Second Appellate District of the Court of Appeal of the State of California filed an unpublished opinion rejecting Uber’s attempt to enforce an arbitration provision that waived an employee’s right to bring a claim under the California Private Attorneys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, Jonathan Gregg, filed a lawsuit against Uber in August 2018, alleging that the ride-share company “willf...