SCOTUS Business Cases This Term (Part 2 – Arbitration)
Posted on Oct 10, 2018 in Arbitration, Court News | Comments Off on SCOTUS Business Cases This Term (Part 2 – Arbitration)
The Court has several arbitration-related cases before it this term. Lamps Plus, Inc. v. Varela concerns whether the FAA permits a state-law interpretation of an arbitration agreement that finds a contractual basis for class arbitration without class arbitration’s being specifically mentioned. New Prime, Inc. v. Oliveira involves the FAA’s exception for “contracts...
Availability of Class Arbitration Is a “Question of Arbitrability” to Be Decided by a Court Absent a “Clear and Unmistakable Intent” to Delegate Arbitrability Questions to an Arbitrator
Posted on Sep 27, 2018 in Arbitration, Class Actions | Comments Off on Availability of Class Arbitration Is a “Question of Arbitrability” to Be Decided by a Court Absent a “Clear and Unmistakable Intent” to Delegate Arbitrability Questions to an Arbitrator
For the second time in as many months, the Eleventh Circuit addressed the question of who—a court or an arbitrator—decides whether an arbitration agreement allows for class arbitration. The court faced this question just last month in Spirit Airlines, Inc. v. Maizes, 899 F.3d 1230 (11th Cir. 2018), but its more recent decision in JPay, Inc. v. Kobel, 2018 WL 4472207 (11th Cir. Sept....
Spirited Court Widens Circuit Split Over Who Decides Class Arbitrability
Posted on Aug 16, 2018 in Arbitration, Class Actions | Comments Off on Spirited Court Widens Circuit Split Over Who Decides Class Arbitrability
In Spirit Airlines, Inc. v. Maizes, 2018 WL 3866335 (11th Cir. Aug. 15, 2018), the Eleventh Circuit concluded that an arbitration agreement providing that the rules of the American Arbitration Association (“AAA”) will cover all disputes constitutes clear and unmistakable evidence that the parties intended for an arbitrator to decide whether class arbitration is available. Members of a...
A Default in Proceeding with Arbitration Does Not Necessarily Authorize a Default Judgment in Federal Court
Posted on Aug 10, 2018 in Arbitration | Comments Off on A Default in Proceeding with Arbitration Does Not Necessarily Authorize a Default Judgment in Federal Court
In Hernandez v. Acosta Tractors Inc., 2018 WL 3761126 (11th Cir. Aug. 8, 2018), the Eleventh Circuit held that a party’s default in proceeding with arbitration after requesting it did not necessarily warrant entry of default judgment against that party in federal court. Julio Hernandez sued his former employer, Acosta Tractors, and two of its officers under the Fair Labor Standards...
Survey of 2017 Eleventh Circuit Decisions Published
Posted on Aug 2, 2018 in Arbitration, Class Actions, Court News | Comments Off on Survey of 2017 Eleventh Circuit Decisions Published
The Mercer Law Review recently published its annual survey of noteworthy Eleventh Circuit decisions. The Class Actions article, authored by our own Tom Byrne and Stacey Mohr, analyzes the court’s 2017 decisions on CAFA jurisdiction, the impact of arbitration agreements on class actions, the preclusive effect of prior actions, class action settlements, and class certification...