The Supreme Court addressed whether workers performing intrastate deliveries may fall within the FAA’s transportation worker exemption.
Continue Reading Supreme Court Expands Reach of FAA’s Transportation Worker Exemption
CA Supreme Court Says Not So Fast on Draconian Arbitration Invoice Payment Rules
The California Supreme Court has issued its long-awaited opinion resolving the split in authority regarding whether Code of Civil Procedure sections 1281.97 and 1281.98 are preempted by the Federal Arbitration Act.
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Supreme Court Finds FAA ‘Transportation Worker’ Exemption Does Not Require Employment in Transportation Industry
In a unanimous 9-0 decision issued April 12, 2024, the U.S. Supreme Court held the “transportation worker” exemption under Section 1 of the Federal Arbitration Act (FAA) does not require
Continue Reading Supreme Court Finds FAA ‘Transportation Worker’ Exemption Does Not Require Employment in Transportation Industry
The End of AB 51?
On Feb. 15, 2023, the Ninth Circuit in Chamber of Commerce v. Bonta issued its ruling on the ongoing question of Assembly Bill (AB) 51’s enforceability in relation to arbitration
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Supreme Court to Consider Whether the FAA Mandates Arbitration of PAGA Actions
On Dec. 15, 2021, the United States Supreme Court granted certiorari in Viking River Cruises, Inc. v. Moriana, and likely will decide by summer 2022 whether the Federal Arbitration
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Ninth Circuit Court of Appeals Widens Circuit Split as to Class Action Waivers in Employee Arbitration Agreements
In a decision likely to have significant ramifications for employers, a divided panel of the Ninth Circuit Court of Appeals ruled last week that employers cannot require employees to individually
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Split California Supreme Court Holds that without Express Agreement, Classwide Arbitrability is not a ‘Gateway Issue’ that must be Decided by the Court
In a 4-3 decision, the California Supreme Court recently determined that the question of “who decides whether [an arbitration] agreement permits or prohibits classwide arbitration” is not subject to a
Continue Reading Split California Supreme Court Holds that without Express Agreement, Classwide Arbitrability is not a ‘Gateway Issue’ that must be Decided by the Court