Following is a summary, by category, of recent opinions of note concerning arbitration process issues.
Class Waiver Cases Addressing Concepcion Gutierrez v. Wells Fargo Bank, NA, Case No. 10-16959 (9th Cir. Dec. 26, 2012) (refusing to vacate district
The Eighth Circuit recently reversed a district court's refusal to compel arbitration in an employment dispute under the Fair Labor Standards Act
A recent opinion of the Second Appellate District of the California Court of Appeals has reinforced the split among California courts as to the impact in California courts of the U.S. Supreme Court’s recent decisions concerning arbitration procedure.
On June 25, 2012, we reported on Iskanian v. CLS Transportation Los Angeles, LLC, where a California appellate court, following the U.S. Supreme Court’s Concepcion decision, affirmed the enforcement of an arbitration clause waiving class claims, subsequent to the court’s pre-Concepcion suggestion that the waiver was unenforceable based on state precedent.
Class-Waiver Arbitration Clauses: Vernon v. Qwest Communications International, Inc., Case No. 1:09-cv-01840 (USDC D.D.C. Mar. 8, 2012) (compelling arbitration; class-waiver arbitration provision in electronic agreement that was not “user friendly” was enforceable under Concepcion, as it was not unconscionable under state law).
In Carey v. 24 Hour Fitness, USA, Inc., the Fifth Circuit affirmed the denial of a motion to compel arbitration and permitted a class action employee-overtime lawsuit to go forward despite the parties’ putative agreement to arbitrate such disputes on a non-class basis.
In a suit between a bankruptcy trust established to resolve a defunct corporation’s asbestos-related personal injury liabilities and the corporation’s excess liability insurer that had denied coverage to the trust in connection with the asbestos claims, a court resolved various attorney client privilege and work product protection issues.
A court has recently compelled arbitration in a pending putative class action lawsuit, based on the U.S. Supreme Court’s AT&T Mobility LLC v. Concepcion decision.
In two prior posts (December 8, 2009 and February 11, 2010), we reported on Dinallo v Dunav Ins. Co., a case between a liquidator of an insurance company and the company’s reinsurer, Dunav Re.