Class Action and Product Insights for Your Business
January 14, 2022 - Uncategorized

This Week at the Ninth: Arbitration Two Ways

This Week at the Ninth: Arbitration Two Ways

The Ninth Circuit addressed the ability of non-parties to invoke arbitration agreements, and refreshed its law on the applicability of Eleventh Amendment sovereign immunity in the arbitration context. Read more from Lena Hughes in MoFo’s Left Coast Appeals blog.

KIM NGO V. BMW OF NORTH AMERICA, LLC

The Court holds that a non-signatory car manufacturer could not enforce an arbitration clause in a purchase agreement between a customer and a car dealership.

BIRD V. OREGON COMMISSION FOR THE BLIND

The Court held that Premo v. Martin, 119 F.3d 764 (9th Cir. 1997), holding that Eleventh Amendment sovereign immunity did not apply to an arbitration panel’s decision under the Randolph-Sheppard Act, is no longer good law in light of the Supreme Court’s decision in Sossamon v. Texas, 563 U.S. 277 (2011).

 To learn more, read the full blog post