Justia Arbitration & Mediation Opinion Summaries

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Jason Blanks, Peggy Manley, Kimberly Lee, Nancy Watkins, Randall Smith, Trenton Norton, Earl Kelly, Jennifer Scott, and Alyshia Kilgore (referred to collectively as "the customers") appealed the denial of a motion to compel arbitration and a declaratory judgment entered in an action brought by TDS Telecommunications LLC, and its two affiliates, Peoples Telephone Company, Inc., and Butler Telephone Company, Inc. (referred to collectively as "the Internet providers"). The customers subscribed to Internet service furnished by the Internet providers; their relationship was governed by a written "Terms of Service." The customers alleged that the Internet service they have received was slower than the Internet providers promised them. At the time the customers learned that their Internet service was allegedly deficient, the Terms of Service contained an arbitration clause providing that "any controversy or claim arising out of or relating to [the Terms of Service] shall be resolved by binding arbitration at the request of either party." In the declaratory-judgment action, the trial court ruled that the Internet providers were not required to arbitrate disputes with the customers. The Alabama Supreme Court determined the arbitration clause in the applicable version of the Terms of Service included an agreement between the Internet providers and the customers that an arbitrator was to decide issues of arbitrability, which included the issue whether an updated Terms of Service effectively excluded the customers' disputes from arbitration. Accordingly, the Supreme Court reversed the trial court's denial of the customers' motion to compel arbitration and its judgment declaring the updated Terms of Service "valid and enforceable," and remanded the case for further proceedings. View "Blanks et al. v. TDS Telecommunications LLC" on Justia Law

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In this case brought by Plaintiffs seeking to enforce a settlement agreement the Supreme Court reversed the judgment of the district court denying Defendants' motion to compel arbitration, holding that the Federal Arbitration Act (FAA) preempts Nev. Rev. Stat. 597.995, which requires agreements that include an arbitration provision also to include a specific authorization for the arbitration provision showing that the parties affirmatively agreed to that provision. The parties in this case entered into a settlement agreement that referenced a licensing agreement that included an arbitration provision. When Plaintiffs sued to enforce the settlement agreement Defendants filed a motion to compel arbitration and dismiss the complaint because the settlement agreement incorporated the licensing agreement's arbitration clause. The district court concluded that the arbitration provision was unenforceable because it did not include the specific authorization required by section 597.995. The Supreme Court reversed, holding (1) the statute did not void the arbitration clause; and (2) the claims in the underlying complaint were subject to arbitration. View "MMAWC, LLC v. Zion Wood Obi Wan Trust" on Justia Law

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When a toxic disaster hits, claimants could seek relief in the form of assistance from the New Jersey Spill Fund by following promulgated claims procedures. In order to resolve disputes over denied Fund monies quickly and fairly, the Fund uses arbitrators and flexible procedures to allow claimants the opportunity to demonstrate that the denial constituted arbitrary and capricious action. Petitioner, US Masters Residential Property (USA) Fund, submitted a claim for Spill Fund monies for its multi-lot property located in Bayonne that was affected by storm floodwaters, which allegedly carried petroleum-based toxins. Neighboring properties also affected by the storm’s toxin-laden floodwaters were afforded Spill Fund relief. Following some back and forth with the Department of Environmental Protection (DEP), petitioner’s claim was denied. After petitioner filed an appeal, two years elapsed between the request for arbitration and the commencement of the arbitration proceeding. The results of the arbitration ended in favor of the Spill Fund, and payment remained denied. The New Jersey Supreme Court expressed "concerns" about the arbitration. "Although we are mindful of the deferential standard of review, flaws in the substantive reasoning of the arbitration decision as well as procedural fairness considerations undermine confidence in the outcome of this arbitration enough to persuade us, in the interest of fairness, to require that a new arbitration be conducted. Accordingly, we reverse and remand this claim for a new proceeding." View "US Masters Residential Property (USA) Fund v. New Jersey Department of Environmental Protection" on Justia Law

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Defendant, a 24-hour skilled nursing facility, appealed an order denying its petition to compel arbitration of claims asserting negligent or willful misconduct, elder abuse, and wrongful death filed against it by decedent’s daughter as successor in interest and individually. The trial court found the successor claims were not arbitrable because no arbitration agreement existed between decedent and defendant, given defendant’s failure to prove daughter had authority to sign the agreement on decedent’s behalf. The court further found the arbitration agreement was unenforceable against daughter individually on grounds of unconscionability. Finding no reversible error, the Court of Appeal affirmed the trial court order. View "Lopez v. Bartlett Care Center, LLC" on Justia Law

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In March 2018, employees of defendant Greystone Ridge Condominium, including plaintiff Victor Franco, were presented with and asked to sign an agreement requiring that each employee agree to submit to final and binding arbitration “[a]ny and all claims . . . relating to any aspect of . . . employment with Employer (pre-hire through post-termination).” About 10 days later, plaintiff filed a complaint against defendants Greystone, C & A Services, John Stokke, and Maher A.A. Azer asserting employment-related claims. Two days after that, plaintiff signed the arbitration agreement and returned it to Greystone. Defendants filed a motion to compel arbitration of plaintiff’s claims which plaintiff opposed on the ground the arbitration agreement failed to expressly state that claims that had already accrued, including the claims asserted in plaintiff’s complaint, were subject to arbitration. The trial court agreed with plaintiff and denied the motion to compel arbitration. The Court of Appeal reversed, finding the parties’ arbitration agreement was "clear, explicit, and unequivocal" with regard to the claims subject to it, and contained no qualifying language limiting its applicability to claims that had yet to accrue. On the contrary, the agreement’s reference to claims relating to “pre-hire” matters expressed an intent to cover all claims, regardless of when they accrued, that are not otherwise expressly excluded by the arbitration agreement. View "Franco v. Greystone Ridge Condominium" on Justia Law

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Gupta joined Morgan Stanley and signed an employment agreement containing an arbitration clause; an employee dispute resolution program (CARE) applied to all U.S. employees. The CARE program did not then require employees to arbitrate employment discrimination claims but stated that the program “may change.” In 2015, Morgan Stanley amended its CARE program to compel arbitration for all employment-related disputes, including discrimination claims, and sent an email to each U.S. employee, with links to the new arbitration agreement and a revised CARE guidebook. The email attached a link to the arbitration agreement opt-out form and set an opt-out deadline, stating that, if the employee did not opt-out, continued employment would reflect that the employee agreed to the arbitration agreement and CARE guidebook and that opting out would not adversely affect employment status. Gupta did not submit an opt-out form or respond to the email. He continued to work at Morgan Stanley for two years until, he alleges, the company forced him to resign because of military leave. Gupta sued for discrimination and retaliation under the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. 4301–35. The court agreed with that Illinois law permits an offeror to construe silence as acceptance if circumstances make it reasonable to do so; based on pretrial evidence, Gupta could not dispute he received the email. The Seventh Circuit affirmed an order compelling arbitration under the Federal Arbitration Act, finding the existence of a written agreement to arbitrate, a dispute within the scope of that agreement, and a refusal to arbitrate. View "Gupta v. Morgan Stanley Smith Barney, LLC" on Justia Law

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On remand from the Supreme Court, the Fifth Circuit held that the district court correctly determined that this case was not subject to the arbitration clause at issue and affirmed the judgment. The Supreme Court held that the "wholly groundless" exception was inconsistent with the Federal Arbitration Act and declined to opine on whether the contract here in fact delegated the threshold arbitrability question to an arbitrator, remanding for this court to make that determination in the first instance. The court held that the parties have not clearly and unmistakably delegated the question of arbitrability to an arbitrator. Because this action was not subject to mandatory arbitration, the court did not reach Archer's alternative argument that third parties to the arbitration clause cannot enforce such an arbitration clause. View "Archer and White Sales, Inc. v. Henry Schein, Inc." on Justia Law

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In 1995, Daniel Clifford began working for Quest Software Inc. (Quest). In 2012, Dell Inc. acquired Quest to form its software division, Dell Software Inc., which hired Clifford as an employee. In 2015, Clifford participated in Dell’s online “Code of Conduct” training course. According to Quest, when Clifford completed the training, he acknowledged that he read and agreed to the terms of Dell’s Arbitration Agreement and Dispute Resolution Program. In 2017, Clifford filed a complaint against Quest for: (1) failure to pay overtime; (2) failure to provide meal periods; (3) failure to provide rest periods; (4) failure to provide accurate wage statements; (5) failure to reimburse for business expenses; and (6) unfair business practices under Business and Professions Code section 17200. He based his complaint on his allegation Quest misclassified him as an exempt employee. Quest moved to compel arbitration of Clifford’s claims. The trial court found Quest had established the existence of a binding and enforceable arbitration agreement, and it compelled arbitration of Clifford’s first through fifth causes of action. However, it denied the motion on the sixth cause of action, his UCL claim, citing without discussion the California Supreme Court’s decision in Cruz v. PacifiCare Health Systems, Inc., 30 Cal.4th 303 (2003). The court stayed the prosecution of that cause of action pending the completion of the arbitration. Quest timely appealed. The question posed in this appeal was whether an employee’s claim against his employer for unfair competition under section 172001 was arbitrable. The Court of Appeal reversed that portion of the trial court’s order. "Assuming Cruz remains good law . . . Cruz at most stands for the proposition that UCL claims for 'public' injunctive relief are not arbitrable. Cruz does not bar arbitration of a UCL claim for private injunctive relief or restitution, which is precisely what the UCL claim here seeks. The employee’s UCL claim therefore is subject to arbitration, along with his other causes of action." View "Clifford v. Quest Software Inc." on Justia Law

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In this lawsuit alleging that Verizon Wireless violated the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, the First Circuit affirmed the district court's denial of Verizon's motion to compel arbitration but reversed the court's grant of summary judgment in Verizon's favor, holding that the district court erred in concluding that Plaintiff's TCPA claims failed as a matter of law because her telephone number was not assigned to a cellular telephone service. In her complaint, Plaintiff claimed that Verizon's unauthorized, automated calls to her cellular telephone violated the TCPA. The district court concluded that Plaintiff's telephone number was not assigned to a cellular telephone service within the meaning of the relevant provision of the TCPA and granted summary judgment to Verizon. The First Circuit reversed, holding (1) the district court correctly denied Verizon's motion to compel arbitration; but (2) in concluding that Plaintiff's number was not assigned to a cellular telephone service the district court failed to consider the hybrid nature of Plaintiff's telephone service with Republic Wireless and erred in treating other facts as dispositive. View "Breda v. Cellco Partnership" on Justia Law

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After DAI denied defendant's application to purchase an existing Subway franchise, defendant filed suit alleging that DAI discriminated against him on the basis of race. DAI then filed this action seeking to compel defendant to arbitrate, but the district court denied DAI's motion to compel. The Second Circuit agreed with the district court that whether or not an agreement is supported by adequate consideration is a question about contract formation for the court, not the arbitrator, to decide. However, the court held that the promise to arbitrate in the Franchise Application was supported by adequate consideration. Accordingly, the court vacated the district court's judgment and remanded for further proceedings. View "Doctor's Associates, Inc. v. Alemayehu" on Justia Law