By Harry A. Jacobowitz, Esq.**
A U.S. Court of Appeals holds that the Supreme Court’s effective vindication exception to the enforcement of arbitration agreements applies to an arbitration agreement that prevents a defined compensation retirement plan participant from pursuing plan-wide remedies.
By George H. Friedman, SAA Publisher & Editor-in-Chief
In a case of first impression, the New Jersey Appellate Division holds that the strict “waiver of jury trial” requirement for predispute arbitration agreements (“PDAA”) involving consumers articulated in Atalese and its progeny does not apply to PDAAs between sophisticated parties of relatively equal bargaining positions.
By George H. Friedman, SAA Publisher & Editor-in-Chief
A divided Ninth Circuit Panel holds that California’s AB-51 is preempted by the Federal Arbitration Act (“FAA”).
By George H. Friedman, SAA Publisher & Editor-in-Chief
Because the employee’s sexual harassment lawsuit predated the March 2022 effectiveness of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFASASHA”),
By George H. Friedman, SAA Publisher & Editor-in-Chief
The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) has proposed a new rule seeking information from nonbanks on among other things arbitration and class action waivers.
By George H. Friedman, SAA Publisher & Editor-in-Chief
The California statute allowing a consumer to evade an arbitration agreement if a business does not pay its share of arbitration fees does not require an affirmative finding from an arbitrator and applies to voluntary arbitration agreements.
