In Spracher v. Paul M. Zagaris, Inc., the Court addressed whether a party waived its right to compel arbitration. The Court noted that unreasonable delay in seeking arbitration may, standing alone, constitute a waiver of a right to arbitrate. It noted that a party’s actions are inconsistent with a
Arbitration Agreement Language Can Be Broad Enough To Include Disputes Arising Before The Agreement Was Entered Into By The Parties.
In Franco v. Greystone Ridge Condominium, the Court addressed whether a dispute was subject to an arbitration agreement. In March 2018, defendant Greystone’s employees, including plaintiff, were presented with, and asked to sign, an agreement requiring that each employee agree to submit to final and
Class Action Waiver Ruled Unenforceable In A Non-FAA Arbitration
In Garrido v. Air Liquide Industrial U.S. LP, the Court held that a class action waiver was unenforceable in a Non-FAA arbitration. Plaintiff Mario Garrido entered into an agreement with his employer, defendant American Air Liquide, Inc. The agreement provided that all disputes arising out of
Trial Court Should Not Have Reviewed (or Reversed) Arbitrator’s Ruling
In SingerLewak LLP v. Gantman, the Court addressed a trial court order denying a petition to confirm an arbitration award. In the underlying case, an arbitrator determined a non-compete agreement Andrew Gantman signed as a partner in SingerLewak was enforceable. The trial court concluded judicial
Federal Law Controls Issue of Arbitration Under the FAA
In Brennan v. Opus Bank, the Ninth Circuit Court of Appeals held that federal law controlled the issue whether an employment contract dispute was arbitrable where the agreement was covered by the Federal Arbitration Act, and the parties did not clearly and unmistakenly designate that nonfederal
California Supreme Court Upholds Arbitration Clause In Consumer Contract in Sanchez v. Valencia Holding Co.
In Sanchez v. Valencia Holding Co., the California Supreme Court addressed the enforceability of arbitration provisions with class action waivers in consumer agreements, in particular, a sale contract used by car dealerships. The trial court initially ruled the contract provision as unenforceable
Arbitration Award Vacated: CFRA Entitles Employee To Reinstatement
In Richey v. AutoNation, Inc., the Court held that an employer’s good-faith belief that employee was misusing medical leave did not justify terminating his employment. The plaintiff, a sales manager at the car dealership, was on medical leave protected by the California Family Rights Act (“CFRA”).
Federal Arbitration Act Controls Dispute Over Oklahoma Non-Competition Agreement
In Nitro-Lift Technologies, L.L.C. v. Howard, the United States Supreme Court reversed a decision by the Oklahoma Supreme Court. The Supreme Court held that the Federal Arbitration Act has supremacy over a state law that limits the enforceability of non-competition agreements. By declaring the