Gil Walton The United States Court of Appeals for the Ninth Circuit recently vacated a district court order approving a $5.2 million class action settlement between a plaintiff and Tinder, Inc., the mobile dating app. The Ninth Circuit reasoned that because the plaintiff was subject to binding arbitration, while thousands of other class members were […]
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Gil Walton The United States Court of Appeals for the Ninth Circuit recently held that plaintiffs who purchased products through defendants’ sporting goods websites were put on notice of arbitration provisions because the plaintiffs were presented with a conspicuous hyperlink to defendants’ terms of use containing those provisions. The Ninth Circuit’s opinion in Patrick, et […]
Read MoreJosephine K. Petrick The California Supreme Court decided Adolph v. Uber Technologies, Inc., No. S274671, 2023 WL 4553702 (Cal. July 17, 2023), in which it unanimously held that, when an employee is required to arbitrate his or her individual Labor Code claims against an employer, the employee still has standing to pursue a representative action […]
Read MoreJosephine K. Petrick In late June 2023, the U.S. Supreme Court handed down its decision in Coinbase, Inc. v. Bielski, No. 22-105, 599 U.S. __ (2023), holding that an automatic stay applies when a defendant appeals a district court’s denial of its motion to compel arbitration—a significant development in arbitration law and federal appellate procedure. […]
Read MoreIn Brown v. TGS Management Co., LLC, the California court held that the arbitrator exceeded his powers by failing to reach the merits of a statutory claim ….
Read MoreMany arbitration agreements contain a delegation clause – i.e., a clause delegating to an arbitrator the determination of whether a dispute is subject to arbitration.
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