Justia Arbitration & Mediation Opinion Summaries

In 2020, several residents at a skilled nursing facility died from coronavirus infections. Family members of the deceased sued the facility and its alleged alter egos, asserting claims including elder abuse, negligence, and wrongful death. The defendants moved to compel arbitration based on agreements signed by family members rather than the decedents. The trial court denied the motion, finding no evidence that the family members had authority to sign on behalf of the decedents, and that the agreements did not bind the family members in their individual capacities. For one agreement where a family member had power of attorney, the court exercised its discretion to deny arbitration to avoid conflicting results.The Shasta County Superior Court denied the motion to compel arbitration. It found that the defendants did not provide evidence that the family members had authority to sign the arbitration agreements on behalf of the decedents. Additionally, the court ruled that the agreements did not bind the family members in their individual capacities. For the agreement involving a power of attorney, the court denied arbitration to prevent conflicting rulings between court and arbitration proceedings.The California Court of Appeal, Third Appellate District, reviewed the case. It affirmed the lower court's decision, holding that the defendants failed to establish that the family members were authorized agents of the decedents. The court also found that the family members did not sign the agreements in their individual capacities, and thus were not bound by them. Furthermore, the court upheld the trial court's discretion to deny arbitration for the claim involving a power of attorney to avoid conflicting rulings. The order denying the motion to compel arbitration was affirmed. View "Hearden v. Windsor Redding Care Center" on Justia Law

The case involves a dispute between William Good and Uber Technologies, Inc., and Rasier, LLC (collectively, Uber), and one of its drivers, Jonas Yohou. Good, a chef, used Uber's mobile application to secure a ride. On April 25, 2021, when Good opened Uber's app, he was presented with a screen notifying him of Uber's updated terms of use. The screen required Good to check a box indicating that he had reviewed and agreed to the terms before he could continue using the app. Five days later, Good used Uber's app to order a ride home from work. During the ride, Yohou's car collided with another vehicle, causing Good to suffer severe injuries.Good filed a negligence lawsuit against Uber and Yohou in the Superior Court Department. The defendants filed a motion to compel arbitration based on the terms of use that Good had agreed to. The motion judge denied the motion, finding that a contract had not been formed because Good neither had reasonable notice of Uber's terms of use nor had manifested assent to the terms.The Supreme Judicial Court of Massachusetts reversed the lower court's decision. The court found that Uber's "clickwrap" contract formation process provided Good with reasonable notice of Uber's terms of use, including the agreement to arbitrate disputes. The court also found that Good's selection of the checkbox and his activation of the "Confirm" button reasonably manifested his assent to the terms. The court remanded the case for entry of an order to submit the claims to arbitration. View "Good v. Uber Technologies, Inc." on Justia Law

Five diabetic patients, Henry J. Hebert, Traci Moore, Aliya Campbell Pierre, Tiffanie Tsakiris, and Brenda Bottiglier, were prescribed the Dexcom G6 Continuous Glucose Monitoring System (Dexcom G6) to manage their diabetes. The device allegedly malfunctioned, failing to alert them of dangerous glucose levels, resulting in serious injuries and, in Hebert's case, death. The patients and Hebert's daughters filed separate product liability actions against Dexcom, Inc., the manufacturer. Dexcom moved to compel arbitration, arguing that each patient had agreed to arbitrate disputes when they installed the G6 App on their devices and clicked "I agree to Terms of Use."The trial court granted Dexcom's motions to compel arbitration in all five cases. The plaintiffs petitioned the appellate court for a writ of mandate directing the trial court to vacate its orders compelling them to arbitrate. The appellate court consolidated the cases and issued an order directing Dexcom to show cause why the relief sought should not be granted.The appellate court concluded that the trial court erred. Although a clickwrap agreement, where an internet user accepts a website’s terms of use by clicking an “I agree” or “I accept” button, is generally enforceable, Dexcom’s G6 App clickwrap agreement was not. The court found that Dexcom undid whatever notice it might have provided of the contractual terms by explicitly telling the user that clicking the box constituted authorization for Dexcom to collect and store the user’s sensitive, personal health information. For this reason, Dexcom could not meet its burden of demonstrating that the same click constituted unambiguous acceptance of the Terms of Use, including the arbitration provision. Consequently, arbitration agreements were not formed with any of the plaintiffs. The court granted the petitions and directed the trial court to vacate its orders granting Dexcom’s motions to compel arbitration and to enter new orders denying the motions. View "Herzog v. Superior Court" on Justia Law

In a wrongful death action against an assisted-living facility, the Supreme Court of Tennessee held that the claims were subject to arbitration as per an agreement signed by the deceased's attorney-in-fact. The court clarified two key points. First, signing an optional arbitration agreement is not a "health care decision" under the Durable Power of Attorney for Health Care Act. Second, the attorney-in-fact had the authority to sign the arbitration agreement on the deceased's behalf, considering the durable power of attorney gave her the power to act for him in "all claims and litigation matters". The court further ruled that the deceased's son, who brought the wrongful death action, was bound by the arbitration agreement because his claims were derivative of his father's. Consequently, the court reversed the decision of the Court of Appeals and remanded the case to the trial court.In the case, Granville Williams, Jr. died while residing at an assisted-living facility run by Smyrna Residential, LLC. His son James Williams filed a wrongful death action against the facility. The decedent's daughter, acting as his attorney-in-fact under a power of attorney, had signed an arbitration agreement with the facility at the time of his admission. The arbitration agreement was not a condition of admission to the facility. The key issues were whether the attorney-in-fact had the authority to sign the arbitration agreement and whether the son, who was not a party to the agreement, was nevertheless bound by it. View "Williams v. Smyrna Residential, LLC" on Justia Law

The Supreme Court affirmed the judgment of the district court compelling an estate's claims to arbitration pursuant to an arbitration agreement signed during the decedent's admission to El Jen Convalescent Hospital and Retirement Center (El Jen), holding that a nonsignatory heir's wrongful death claim is not bound to an agreement like the arbitration agreement in his case that does not implicate the viability of the underlying personal injury claim.Following the death of her husband, Gary Tyler, Stacy Tyler brought this action against El Jen, asserting negligence, wrongful death, and survivorship claims individually and on behalf of Gary's estate and their minor child, and was joined by two adult statutory heirs. The district court (1) compelled the estate's claims to arbitration pursuant to the arbitration signed during Gary's admission to El Jen; and (2) concluded that the statutory heirs were not bound by the agreement because they did not sign it. The Supreme Court affirmed, holding that the district court (1) properly rejected Plaintiffs' challenge to the arbitration agreement's validity; and (2) did not err in holding that the heirs were not bound by the agreement because they were nonsignatories who were pursuing their own individual claims. View "El Jen Medical Hospital, Inc. v. Tyler" on Justia Law

The Supreme Court reversed the trial court's denial of Defendant's motion to compel arbitration, holding that remand was required for reconsideration in light of this Court's holdings in TotalEnergies E&P USA, Inc. v. MP Gulf of Mexico, LLC, 667 S.W.3d 694 (Tex. 2023).Lone Star Cleburne Autoplex filed this suit asserting that Alliance Auto Auctions of Dallas conspired with two of Lone Star's employees in order to embezzle money from Lone Star. Alliance moved to compel arbitration based on arbitration clauses contained in authorization agreements between Lone Star and a company Alliance used to verify and authorize car dealerships to buy and sell in the company's auctions. In opposing the motion Lone Star asserted that its claims fell outside the scope of the arbitration agreement. The trial court denied Alliance's motion to compel. The court of appeals affirmed. The Supreme Court reversed, holding that because the court of appeals decided this case without addressing arguments rejected in TotalEnergies, remand was required. View "Alliance Auto Auction of Dallas, Inc. v. Lone Star Cleburne Autoplex, Inc." on Justia Law

The Supreme Court dismissed this interlocutory appeal from a district court order granting a motion to stay arbitration proceedings between the codefendants in the underlying negligence action, holding that the order staying arbitration was not immediately appealable.Walgreens Boot Alliance, Inc. contracted with Ferrandino & Son, Inc. to provide services at various locations through the United States. Ferrandino contracted with Patera Landscaping, LLC to perform snow removal services at three Walgreens locations in Omaha. Yvonne McPherson was injured when she slipped and fell on an icy sidewalk outside an Omaha Walgreens and filed a negligence action against Patera, Ferrandino, and Walgreens. Ferrandino filed a demand for arbitration seeking a determination that under the terms of the subcontract, Patera had a contractual duty to defend and indemnify both Ferrandino and Walgreens against McPherson's claims. Petera moved to stay the arbitration based on Neb. Rev. Stat. 25-2603. The district court granted the motion to stay arbitration, and Ferrandino appealed. The Supreme Court dismissed the appeal, holding that the order staying arbitration was not immediately appealable. View "McPherson v. Walgreens Boot Alliance, Inc." on Justia Law

The Supreme Court answered two certified questions regarding the interplay between an arbitrated award against one set of tortfeasors and a litigated proceeding against another set of tortfeasors in this case concerning Kansas's one-action rule.Timothy Hunt, a farm employee, was killed when operating a grain vacuum to remove corn from a grain trailer. Plaintiff, Hunt's daughter, filed suit in Kansas federal district court against the manufacturer of the grain vacuum system. In the meantime, Hunt's children, including Plaintiff, entered into an arbitration agreement with the farm. An arbitrator entered an award in favor of the claimants. The circuit court entered final judgment confirming the arbitration award. The defendants in the federal court action subsequently moved for summary judgment, arguing that the suit was barred by the one-action rule. The federal court then certified questions to the Supreme Court. The Supreme Court answered (1) an arbitration action does not qualify as a judicial determination of comparative fault where no other potential tortfeasors were involved in the arbitration; and (2) the confirmation of an arbitration award by a state court judgment does not qualify as a judicial determination of comparative fault so as to invite application of the Kansas one-action rule. View "Hodges v. Walinga USA Inc." on Justia Law

Plaintiff was a resident at a residential skilled nursing facility when she sustained injuries in a fall. She sued the facility, Capistrano Beach Care Center, LLC dba Capistrano Beach Care Center (CBCC), and its operator, Cambridge Healthcare Services, LLC (collectively, Defendants). Defendants petitioned to compel arbitration, claiming Plaintiff was bound by arbitration agreements purportedly signed on her behalf by her adult children. The trial court denied the petition, concluding defendants had failed to prove Plaintiff’s adult children had actual or ostensible authority to execute the arbitration agreements on Plaintiff’s behalf.   The Second Appellate District affirmed. The court explained that CBCC did not meet its initial burden to make a prima facie showing that Plaintiff agreed to arbitrate by submitting arbitration agreements signed by Plaintiff’s adult children. CBCC presented no evidence that the children had actual or ostensible authority to execute the arbitration agreement on Plaintiff’s behalf beyond their own representations in the agreements. The court wrote that a defendant cannot meet its burden to prove the signatory acted as the agent of a plaintiff by relying on representations of the purported agent alone. View "Kinder v. Capistrano Beach Care Center" on Justia Law

Plaintiff sought to represent a class of individuals, known as Amazon Flex drivers, claiming damages and injunctive relief for alleged privacy violations by Amazon.com, Inc. (“Amazon”). Plaintiff contended that Amazon monitored and wiretapped the drivers’ conversations when they communicated during off hours in closed Facebook groups. The district court denied Amazon’s motion to compel arbitration, holding that the dispute did not fall within the scope of the applicable arbitration clause in a 2016 Terms of Service Agreement (“2016 TOS”). Amazon appealed, arguing that the district court should have applied the broader arbitration clause in a 2019 Terms of Service Agreement (“2019 TOS”) and that even if the arbitration clause in the 2016 TOS applied, this dispute fell within its scope.   The Ninth Circuit affirmed the district court’s order denying Amazon’s motion to compel arbitration. Under California law and principles of contract law, the burden is on Amazon, as the party seeking arbitration, to show that it provided notice of a new TOS and that there was mutual assent to the contractual agreement to arbitrate. The panel held that there was no evidence that the email allegedly sent to drivers adequately notified drivers of the update. The district court, therefore, correctly held that the arbitration provision in the 2016 TOS still governed the parties’ relationship. The panel concluded that because Amazon’s alleged misconduct existed independently of the contract and therefore fell outside the scope of the arbitration provision in the 2016 TOS, the district court correctly denied Amazon’s motion to compel arbitration. View "DRICKEY JACKSON V. AMZN" on Justia Law