Justia Arbitration & Mediation Opinion Summaries

Respondents filed a complaint against AT&T Mobility LLC ("AT&T"), which was later consolidated with a putative class action, alleging that AT&T had engaged in false advertising and fraud by charging sales tax on phones it advertised as free. AT&T moved to compel arbitration under the terms of its contract with respondents and respondents opposed the motion contending that the arbitration agreement was unconscionable and unlawfully exculpatory under California law because it disallowed classwide procedures. The district court denied AT&T's motion in light of Discover Bank v. Superior Court and the Ninth Circuit affirmed. At issue was whether the Federal Arbitration Act ("FAA"), 9 U.S.C. 2, prohibited states from conditioning the enforceability of certain arbitration agreements on the availability of classwide arbitration procedures. The Court held that, because it "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress," quoting Hines v. Davidowitz, California's Discover Bank rule was preempted by the FAA. Therefore, the Court reversed the Ninth Circuit's ruling and remanded for further proceedings consistent with the opinion.View "AT&T Mobility LLC v. Concepcion" on Justia Law

An investment treaty between the U.K. and Argentina authorizes a party to submit a dispute to “the competent tribunal of the Contracting Party in whose territory the investment was made,” and permits arbitration if, 18 months after such submission, the tribunal has not made a final decision. BG, a British firm, had an interest in MetroGAS, an Argentine entity licensed to distribute natural gas in Buenos Aires. At the time of BG’s investment, Argentine law provided that gas tariffs would be calculated in U.S. dollars and would be set at levels sufficient to assure gas distribution firms a reasonable return. Argentina later changed the calculation basis to pesos. Profits became losses. BG sought arbitration, which was conducted in Washington, D. C. BG claimed that Argentina had violated the Treaty, which forbids expropriation of investments and requires each nation to give investors fair and equitable treatment. Argentina denied the claims and argued that the arbitrators lacked jurisdiction because BG had not complied with the local litigation requirement. The arbitration panel concluded that Argentina’s enactment of laws that hindered recourse to its judiciary excused compliance and that Argentina had not expropriated BG’s investment but had denied fair and equitable treatment. The district court confirmed the award. The District of Columbia Circuit vacated, holding that the arbitrators lacked jurisdiction. The Supreme Court reversed. The local litigation requirement was a matter for arbitrators to interpret and apply; courts should review that interpretation with deference. Courts presume that the parties intended arbitrators to decide disputes about application of procedural preconditions to arbitration, including claims of waiver, delay, defense to arbitrability, time limits, notice, laches, or estoppel. The provision is procedural; it determines when the contractual duty to arbitrate arises, not whether there is a duty to arbitrate. It is a claims-processing rule. The fact that contract is a treaty does not make a difference. The Treaty contains no evidence that the parties had intentions contrary to the ordinary presumptions about who should decide threshold arbitration issues. View "BG Group plc v. Republic of Argentina" on Justia Law

An agreement between American Express and merchants who accept American Express cards, requires that all of their disputes be resolved by arbitration and provides that there “shall be no right or authority for any Claims to be arbitrated on a class action basis.” The merchants filed a class action, claiming that American Express violated section 1 of the Sherman Act and seeking treble damages under section 4 of the Clayton Act. The district court dismissed. The Second Circuit reversed, holding that the class action waiver was unenforceable and that arbitration could not proceed because of prohibitive costs. The Circuit upheld its reversal on remand in light of a Supreme Court holding that a party may not be compelled to submit to class arbitration absent an agreement to do so. The Supreme Court reversed. The FAA reflects an overarching principle that arbitration is a matter of contract and does not permit courts to invalidate a contractual waiver of class arbitration on the ground that the plaintiff’s cost of individually arbitrating a federal statutory claim exceeds the potential recovery. Courts must rigorously enforce arbitration agreements even for claims alleging violation of a federal statute, unless the FAA mandate has been overridden by a contrary congressional command. No contrary congressional command requires rejection of this waiver. Federal antitrust laws do not guarantee an affordable procedural path to the vindication of every claim or indicate an intention to preclude waiver of class-action procedures. The fact that it is not worth the expense involved in proving a statutory remedy does not constitute the elimination of the right to pursue that remedy. View "Am. Express Co. v. Italian Colors Rest." on Justia Law

Sutter provided medical services to patients insured by Oxford under a fee-for-services contract that required binding arbitration of contractual disputes. Sutter filed a purported class action in state court, claiming that Oxford failed to fully and promptly pay him and other physicians. The court compelled arbitration. The arbitrator concluded that the contract authorized class arbitration. The district court rejected Oxford’s motion to vacate, which asserted that the arbitrator had exceeded his authority under the Federal Arbitration Act, 9 U.S.C. 1. The Third Circuit affirmed. After the Supreme Court held that an arbitrator may employ class procedures only if the parties have authorized them, the arbitrator reaffirmed his conclusion. Oxford unsuccessfully renewed its motion to vacate and the Third Circuit affirmed. A unanimous Supreme Court affirmed. The arbitrator’s decision survives the limited judicial review allowed by section 10(a)(4) of the Act. The parties bargained for the arbitrator’s construction of their agreement, so the arbitral decision must stand, regardless of a court’s view of its merits. The arbitrator twice did what the parties asked: considered their contract and decided whether it reflected an agreement to permit class proceedings. To overturn his decision, a court would have to find that he misapprehended the parties’ intent; section 10(a)(4) bars that. View "Oxford Health Plans LLC v. Sutter" on Justia Law

Vista, plaintiff's employer, appealed the district court's denial of Vista's motion to compel arbitration of plaintiff's on-the-job injury claim. The court held that even if the Benefit Plan and the Arbitration Agreement were properly considered as part of a single contract, the termination provision found in the Benefit Plan did not apply to the Arbitration Agreement. Accordingly, the court concluded that the Arbitration Agreement was not illusory under Texas law because Vista's power to terminate the Arbitration Agreement was properly constrained. The court reversed and remanded for the district court to enter an order compelling arbitration. View "Lizalde v. Vista Quality Markets" on Justia Law

The Union sought to set aside an arbitration award that ruled in favor of the MADA and several member car dealerships. At issue was the transition between the 2006 collective bargaining agreement (CBA) and the 2010 CBA and its impact on above-scale time allowances for hybrid car warranty and recall work. The district court granted defendants' motion to dismiss under Rule 12(b)(6). The court agreed with the district court and found that the arbitrator was "warranted" in determining the CBA's plain language to be "silent or ambiguous with respect to the disputed issue - how the above-scale time allowances could be legitimately terminated." With MADA's attorney's unrebutted testimony and the letters documenting other dealerships' similar conduct to help the parties' past practice with respect to the ambiguous CBA language at issue, the court concluded that the arbitration award drew its essence from the CBA. Therefore, the court found no basis to vacate the arbitration award. The court affirmed the district court's order granting MADA's motion to dismiss with prejudice. View "Garage Maintenance, etc. v. Greater Metropolitan, etc., et al." on Justia Law

Plaintiffs appealed the district court's order compelling arbitration and dismissing their complaint filed against defendants. At issue was whether the arbitration agreement, which waived an employee's ability to bring a collective action under the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 et seq., was enforceable under the Federal Arbitration Act, 9 U.S.C. 1 et seq. The court concluded that, after examining the FLSA's text, legislative history, purposes, and Supreme Court precedent, it discerned no "contrary congressional command" that precluded the enforcement of plaintiffs' Arbitration Agreements and their collective action waivers. The court concluded that plaintiffs' reliance on the Supreme Court's 1945 decision in Brooklyn Savings Bank v. O'Neil was materially distinguishable from this case. Accordingly, the court affirmed the judgment of the district court. View "Walthour, et al. v. Chipio Windshield Repair, LLC, et al." on Justia Law

David Efron and his former wife, Madeleine Candelario-Del-Moral, were engaged in long-running litigation related to their high-stakes divorce. In 2006, a Puerto Rico court in which the divorce proceedings were pending issued an order attaching the funds held in Efron’s UBS Financial Services Inc. accounts. The court subsequently made a ruling that may or may not have vacated the attachment. UBS treated the attachment as void and dispersed the bulk of the funds. Candelario sued UBS in federal district court for negligently releasing the attached funds. Ultimately, at the district court’s suggestion, UBS and Candelario opted to undertake mediation. Thereafter, Efron moved to intervene as of right in the Candelario-UBS litigation. The district court denied the motion. The First Circuit Court of Appeals affirmed the denial of the motion and denied Candelario’s motion for appellate sanctions, holding (1) the Court had jurisdiction to hear and determine Efron’s interlocutory appeal; (2) the district court did not abuse its discretion in deeming Efron’s motion to intervene untimely and in refusing to grant it; and (3) although Efron’s case for intervention was weak, it was not frivolous. View "Candelario-Del-Moral v. Efron" on Justia Law

Plaintiffs filed a putative class action alleging that Consumerinfo had violated various California consumer protection laws. At issue was whether the court had jurisdiction to hear appeals from district court orders staying judicial proceedings and compelling arbitration of the named plaintiffs' individual claims. The court concluded that the structure of the statute suggested that Congress intended to remove appellate jurisdiction from all orders listed in 9 U.S.C. 16(b)(1)-(4), regardless of whether any such order could otherwise be deemed collateral. The history of section 16 also demonstrated that Congress intended 28 U.S.C. 1292(b) to provide the sole avenue to immediate appeal of an order staying judicial proceedings and compelling arbitration. Therefore, the courts joined its sister circuits in concluding that section 1292(b) provided the sole route for immediate appeal of an order staying proceedings and compelling arbitration. Accordingly, the court dismissed plaintiffs' appeal. Alternatively, the court denied plaintiffs' petition for mandamus where the district court's well-reasoned decision was plainly not a usurpation of judicial power or a clear abuse of discretion. View "Johnson v. ConsumerInfo.com, Inc." on Justia Law

An investment treaty between the U.K. and Argentina authorizes a party to submit a dispute to “the competent tribunal of the Contracting Party in whose territory the investment was made,” and permits arbitration if, 18 months after such submission, the tribunal has not made a final decision. BG, a British firm, had an interest in MetroGAS, an Argentine entity licensed to distribute natural gas in Buenos Aires. At the time of BG’s investment, Argentine law provided that gas tariffs would be calculated in U.S. dollars and would be set at levels sufficient to assure gas distribution firms a reasonable return. Argentina later changed the calculation basis to pesos. Profits became losses. BG sought arbitration, which was conducted in Washington, D. C. BG claimed that Argentina had violated the Treaty, which forbids expropriation of investments and requires each nation to give investors fair and equitable treatment. Argentina denied the claims and argued that the arbitrators lacked jurisdiction because BG had not complied with the local litigation requirement. The arbitration panel concluded that Argentina’s enactment of laws that hindered recourse to its judiciary excused compliance and that Argentina had not expropriated BG’s investment but had denied fair and equitable treatment. The district court confirmed the award. The District of Columbia Circuit vacated, holding that the arbitrators lacked jurisdiction. The Supreme Court reversed. The local litigation requirement was a matter for arbitrators to interpret and apply; courts should review that interpretation with deference. Courts presume that the parties intended arbitrators to decide disputes about application of procedural preconditions to arbitration, including claims of waiver, delay, defense to arbitrability, time limits, notice, laches, or estoppel. The provision is procedural; it determines when the contractual duty to arbitrate arises, not whether there is a duty to arbitrate. It is a claims-processing rule. The fact that contract is a treaty does not make a difference. The Treaty contains no evidence that the parties had intentions contrary to the ordinary presumptions about who should decide threshold arbitration issues. View "BG Group plc v. Republic of Argentina" on Justia Law