Class Dismissed

July 01, 2022 - Arbitration
This Week at the Ninth: Intervention and Arbitration
By: James R. Sigel and Adam L. Sorensen
This week, the Court address whether an employee can intervene in her co-worker’s employment suit, and orders discovery to determine whether a litigant was bound by her counsel’s agreement to arbitrate. Read the full blog post.
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June 22, 2022 - Appellate & Supreme Court, Arbitration
Viking River Is Victorious in Compelling Individual PAGA Claim to Arbitration
By: Tritia M. Murata and Monica A. Rodriguez
The United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana , 142 S. Ct. 1906 (2022), is welcome news for California employers. In short, employers can compel “individual” claims under the Labor Code Private Attorneys General Act of 2004 (PAGA) to
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May 24, 2022 - Appellate & Supreme Court, Arbitration
Choose Your Forum Wisely: Supreme Court Rejects “No Harm, No Foul” Approach to Arbitration Waiver Analysis
By: Adam J. Hunt and Caroline F. Pohl
Yesterday, the Supreme Court established a clear rule that a party litigating in federal court cannot later compel arbitration by arguing that there was no harm to the opposing party. In Morgan v. Sundance , the Court unanimously held that a party opposing arbitration
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January 05, 2022 - Privacy, Arbitration, Class Action
Privacy Litigation 2021 Year in Review: Data Breach Litigation
By: Nancy R. Thomas
Cyber incidents top the list of issues keeping in-house counsel up at night. And as we continue to see the number of incidents climb, we continue to see class actions filed in their wake. So what are the highlights from 2021 and what can
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October 15, 2021 - Appellate & Supreme Court, Arbitration
Not So Fast: Ninth Circuit Resurrects Ban On Mandatory Employment Arbitration Agreements
By: Nancy R. Thomas and Olivia J. Wada
A split panel of the Ninth Circuit vacated in part a preliminary injunction barring enforcement of AB 51, the California law banning mandatory employment arbitration agreements.[1] But the Ninth Circuit found that the penalties for violation of this provision are preempted by the Federal Arbitration
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May 28, 2021 - Appellate & Supreme Court, Arbitration
One Estopp Shop: The Ninth Circuit Weighs in on the Use of Equitable Estoppel to Compel Arbitration in Two Recent Decisions
By: Adam J. Hunt
When can you compel arbitration of a putative class action? The law is developing quickly [1] and still doesn’t provide a crystal clear answer. The Ninth Circuit recently weighed in on two cases examining what happens when the parties don’t have an arbitration agreement
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October 19, 2020 - Appellate & Supreme Court, Arbitration, Class Action
Arbitrating Arbitrability: Three Recent Appellate Decisions on Delegation Clauses in Arbitration Agreements
This summer, we discussed that the Supreme Court is reviewing whether an arbitration agreement’s clear delegation of the question of arbitrability to the arbitrator can be negated by a provision that exempts certain claims from arbitration. Henry Schein, Inc. v. Archer & White Sales,
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October 09, 2020 - TCPA, Consumer Products, Arbitration, Class Action
Does a Consumer Arbitration Agreement Apply to a Company’s Future Affiliates? The Ninth and Fourth Circuits Disagree
If a company enters an arbitration agreement with a consumer, can its future affiliate companies enforce the arbitration agreement even though the affiliate relationship did not exist at the time the consumer signed the agreement? The Ninth Circuit recently answered “no” in Revitch v.
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June 30, 2020 - Drug & Medical Device, Consumer Products, Antitrust, Arbitration
Schein On: Supreme Court to Decide Key Arbitration Delegation Question
The Henry Schein arbitration battle is making its way to the Supreme Court again. The Court recently granted Henry Schein, Inc.’s certiorari petition to answer the question of “Whether a provision in an arbitration agreement that exempts certain claims from arbitration negates an otherwise
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April 26, 2019 - Appellate & Supreme Court, Arbitration
Lamps Plus, Inc. v. Varela: The Supreme Court Clarifies that Clear Consent is Necessary for Class Arbitration
By: David J. Fioccola and Adam J. Hunt
The Supreme Court’s decision in Lamps Plus, Inc. v. Varela made it clear that an arbitration agreement must explicitly contemplate and provide for class arbitration, building on a line of pro-arbitration rulings from the Supreme Court over the past decade, including American Express Co.
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Topic Archives: Arbitration

This Week at the Ninth: Intervention and Arbitration

By: James R. Sigel and Adam L. Sorensen

Viking River Is Victorious in Compelling Individual PAGA Claim to Arbitration

By: Tritia M. Murata and Monica A. Rodriguez

Choose Your Forum Wisely: Supreme Court Rejects “No Harm, No Foul” Approach to Arbitration Waiver Analysis

By: Adam J. Hunt and Caroline F. Pohl

Privacy Litigation 2021 Year in Review: Data Breach Litigation

By: Nancy R. Thomas

Not So Fast: Ninth Circuit Resurrects Ban On Mandatory Employment Arbitration Agreements

By: Nancy R. Thomas and Olivia J. Wada

One Estopp Shop: The Ninth Circuit Weighs in on the Use of Equitable Estoppel to Compel Arbitration in Two Recent Decisions

By: Adam J. Hunt

Arbitrating Arbitrability: Three Recent Appellate Decisions on Delegation Clauses in Arbitration Agreements

Does a Consumer Arbitration Agreement Apply to a Company’s Future Affiliates? The Ninth and Fourth Circuits Disagree

Schein On: Supreme Court to Decide Key Arbitration Delegation Question

Lamps Plus, Inc. v. Varela: The Supreme Court Clarifies that Clear Consent is Necessary for Class Arbitration

By: David J. Fioccola and Adam J. Hunt