(United States Second Circuit) - Held that an insurance company did not have to arbitrate a former employee's claims before the Financial Industry Regulatory Authority (FINRA), an entity with which the company had severed ties. The FINRA arbitration code no longer applied to the company, even though the employee had once been registered as a securities industry representative of the company.

(California Court of Appeal) - Held that a former delivery driver for a beverage company did not have to arbitrate his wage-and-hour lawsuit. His case fell within a statutory exemption in the Federal Arbitration Act that applies to transportation workers engaged in interstate commerce. Affirmed the denial of the company's motion to compel arbitration.

(California Court of Appeal) - Addressed whether an arbitration agreement could be enforced, given that it was signed only after the employee filed her employment discrimination lawsuit. Reversed and remanded for further findings.

(United States Fifth Circuit) - Held that a Houston law firm should be allowed to intervene in a lawsuit to protect its right to a contingent fee. The firm's client and the opposing party had allegedly conspired to cheat it out of its deserved attorney fee for work on a matter involving a foreign arbitral award. Remanded with directions to permit intervention and consider the law firm's claims on the merits.

(California Court of Appeal) - Affirmed the denial of a motion to compel arbitration of an insurance dispute. A company that sued its workers' compensation insurer over premium hikes contended that the case did not have to be arbitrated because the California Insurance Code invalidated the parties' arbitration agreement.

(California Court of Appeal) - Held that a store manager complaining of wage-and-hour violations did not have to arbitrate his claim under California's Private Attorneys General Act (PAGA). Also, courts may not split a solitary PAGA claim and send only part of it to arbitration. Affirmed the denial of the store's motion to compel arbitration.

(California Court of Appeal) - Held that a store manager's claims against his former employer must be arbitrated. The arbitration agreement's choice-of-law clause did not alter this conclusion. Reversed the decision below in relevant part.

(California Court of Appeal) - Held that an employee who filed an administrative wage claim with the California Labor Commissioner could not be forced into arbitration, because his employment contract's arbitration clause was permeated with unconscionability. Affirmed the denial of a petition to compel arbitration.

(California Court of Appeal) - Held that a company was entitled to compel arbitration of discrimination claims, because the employee had impliedly accepted an arbitration agreement by continuing to work for the company. Reversed the denial of a motion to compel arbitration.

(United States Fifth Circuit) - Held that insurers that paid a claim arising from the failure of a floating oil-drilling platform could not proceed with a subrogation claim against an engineering firm that helped secure the platform to the ocean floor. Also addressed an arbitrability issue. Affirmed a dismissal.

(California Court of Appeal) - Remanded for a redetermination of whether an arbitration agreement covered a dispute between a school and a consulting firm. Reversed an order denying arbitration.

(United States Supreme Court) - Held that parties do not consent to classwide arbitration if the agreement is ambiguous on that point. An employer sought to block an employee from proceeding with a proposed class action lawsuit and instead force his claims into individual arbitration. The U.S. Supreme Court agreed that the employer had the right to do this, because the arbitration agreement was ambiguous about the availability of classwide arbitration. Chief Justice Roberts delivered the opinion of the 5-4 Court.

(United States Fifth Circuit) - Upheld an arbitration panel award to an attorney in a fee dispute with a corporate client. Held that the client waived its challenge to the panel's composition by failing to object at the time of the arbitration hearing.

(United States Second Circuit) - Affirmed the confirmation of an arbitration award issued by a rabbinical tribunal. Two groups of Hasidic Jews had agreed to arbitrate a trademark dispute before the tribunal, and then the winning side sought to confirm the award in secular court. The Second Circuit held that the district court properly exercised subject matter jurisdiction and confirmed the award.

(California Court of Appeal) - Held that a truck driver did not have to arbitrate his claim for unpaid wages. He fell within the Federal Arbitration Act's exemption for transportation workers engaged in interstate commerce. Affirmed the ruling below.

(United States Ninth Circuit) - In a dispute between a bank and bondholders, held that not every entity that engages in municipal securities dealer activities is a "municipal securities dealer" for purposes of determining whether it is subject to compelled arbitration before the Financial Industry Regulatory Authority.

(United States Fifth Circuit) - In an insurance dispute, addressed an issue relating to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Held that an insurance contract's conformity-to-statute provision did not negate the agreement to arbitrate.

(United States Ninth Circuit) - Held that racial discrimination claims under 42 U.S.C. section 1981 may be subjected to compulsory arbitration. The plaintiff in this employment discrimination case contended that Section 1981 claims cannot be forced into arbitration. Disagreeing, the Ninth Circuit affirmed an order compelling arbitration.

(United States Fifth Circuit) - Upheld an arbitration award in a business dispute involving one company's sale of certain assets to another. Affirmed the district court's confirmation of the arbitration award.

(California Court of Appeal) - Held that a construction contractor waived its right to compel arbitration of a unionized employee's wage-hour claim by waiting too long to file a motion to compel arbitration.

(California Court of Appeal) - A law firm's client was unable to compel arbitration of a fee dispute with his former attorneys. The case involved California's Mandatory Fee Arbitration Act.

(Supreme Court of California) - Clarified how California Code of Civil Procedure section 998 (relating to pretrial settlement offers) is used in arbitration. Held a request for costs under that provision is timely if filed with the arbitrator within 15 days of a final award. In response to such a request, an arbitrator has authority to award costs to the offering party. However, if an arbitrator refuses to award costs, judicial review is limited.

(United States Fifth Circuit) - On rehearing of a dispute between two creditors, held that Louisiana's non-resident attachment statute allows for attachment in aid of arbitration. Further held that subject matter jurisdiction existed here under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Vacated and remanded.

(United States Ninth Circuit) - Affirmed. Defendant had a right to compel arbitration, but elected to proceed with a judicial forum. However, during the litigation process, Defendant changed its mind and filed a motion to compel arbitration. The district court held that Defendant had waived its right to compel arbitration.

(United States Second Circuit) - Affirmed in part, vacated in part. Affirming that a court is not barred from considering additional attorney fees in cases involving settlement agreements, but disagreeing with the application of the standard in the instant case.

(California Court of Appeal) - Affirmed order denying petition to compel arbitration. Plaintiffs attempted to enforce arbitration in an action for elder abuse and wrongful death at a skilled nursing facility. The trial court determined that the successor in interest was bound by the agreement to arbitrate, but the children of the decedent were not so bound. The trial court denied the petition to arbitrate to prevent inconsistent findings if both arbitration and litigation proceeded concurrently. The appeals court agreed.

(California Court of Appeal) - Dismissed part of appeal and affirmed part. Plaintiff filed a class action complaint against Defendant alleging wage and hour violations and a unfair competition law claim (UCL). Defendants sought to compel arbitration. The trial court granted Defendant’s motion as to Plaintiffs individual claims, allowed the arbitrator to decide the class action claims, and denied the motion as to the UCL claim. The appeals court found that the motion that granted arbitration could not be appealed and found no error in the denial of arbitration for the UCL claim.

(California Court of Appeal) - Affirmed denial of motion to compel arbitration. An employee bringing a Private Attorney General’s Act claim may not be compelled to arbitrate that portion of the claim that seeks to recover underpaid wages.

(California Court of Appeal) - Reversed order denying Defendant’s motion to compel arbitration. Plaintiff filed a complaint against his employer for unfair competition under the Business and Professions Code section 17200 and also brought wage and hour claims. The Defendant moved to compel arbitration. The trial court granted arbitration for all claims, but for the unfair competition claim. The appeals court held that the unfair competition claim could also be subject to arbitration.

(United States Fifth Circuit) - Affirmed. On remand from the Supreme Court the panel determined that the parties to an arbitration clause did not clearly and unmistakably delegate the question of arbitrability to an arbitrator and that the district court had the power to make this determination.

(United States Seventh Circuit) - Affirmed. A former employee alleging discrimination could be compelled to arbitrate his claims because he didn't opt out of the company's arbitration agreement.

(United States Ninth Circuit) - Reversed. The panel concluded that Amaro v. Continental Can Co., which held that ERISA claims are not arbitrable, is no longer good law in light of intervening Supreme Court case law, including American Express Co. v. Italian Colors Restaurant.

(California Court of Appeal) - Reversed. Plaintiffs, employees of Defendant, signed an agreement with Defendant requiring binding arbitration of employment disputes after the complaint was filed. The trial court denied Defendant’s motion to compel arbitration agreeing with Plaintiff that the arbitration agreement referred to future claims not the past ones brought by Plaintiff against Defendant. The appeals court disagreed stating that the agreement to arbitrate was clear and there was no qualifying language as to past or future events.

(California Court of Appeal) - Affirmed. Defendant, a skilled nursing facility, appealed an order denying its petition to compel arbitration for claims of negligent, elder abuse and wrongful death. The trial court found that the claims were not arbitratable because there was no arbitration agreement between Defendant and the decedent.

(Supreme Court of California) - Reversed. The Defendant was an employee of Plaintiff and during the course of his employment he was required to sign a document that contained an arbitration agreement. He was not afforded the opportunity to read the document before signing and the document was not explained or provided in his first language, Chinese. After his employment with Plaintiff ended, he filed a complaint with the Labor Commissioner. Plaintiff sought to enforce the arbitration agreement. The Supreme Court held that arbitration agreements are not categorically unconscionable as a waiver of the “Berman procedure” found in Labor Code 98, but an agreement to arbitrate must provide an accessible and affordable process. However, in this case the Court reversed the appeals court because the agreement had unusually high degree of procedural unconscionability and the Plaintiff was coerced and misled into accepting this agreement.

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