A federal judge in San Francisco ruled that Uber, creator of a taxi-service smartphone app, can't use an arbitration provision to block class action suits. Link here.
An agreement requiring pre-suit mediation with parties splitting the cost isn’t unconscionable on its face as a tax to be paid before accessing the court system. The court rejected the unconscionability argument, finding that it was reasonable to require the parties to split this expense. Link here.
A federal bankruptcy judge chastised City of Detroit lawyers for including confidential mediation documents on a computer disk of documents creditors sought in the city’s bankruptcy. Link here.
The New York Assembly passed a bill limiting the use of arbitration for employment claims by businesses that contract with New York State. New York state agencies would be prohibited from contracting with businesses that require an employee or independent contractor working under the contract to arbitrate claims arising under Title VII of the Civil Rights Act of 1964 or any tort related to discrimination, sexual assault, or harassment. Link here.
Amarillo Court of Appeals vacates arbitration award because arbitrator took too long to issue his ruling. The arbitrator previously served as a mediator in this case, with the mediated settlement agreement containing a mediation/arbitration clause for future disputes. Link here.
Lance Armstrong asks Texas Supreme Court to stop an arbitration panel from reconvening, requesting that the Texas Supreme Court enforce a compromise settlement agreement. Petition for review is here.
After Dallas’ Fifth Court of Appeals vacated $22 million arbitration award because arbitrator failed to disclose gifts given to him by an attorney representing a party in the arbitration, the court did not allow a suit against the arbitration provider, the arbitrator, and lawyers for fraud and breach of contract. Link here.
The Arizona Court of Appeals refused to enforce an arbitration agreement as unconscionable because the costs of arbitration precluded the plaintiff from obtaining redress for his claims. Link here.
An arbitration clause survived the termination of the underlying agreement even though the clause was not specifically referenced in the agreement’s survival clause, the U.S. Court of Appeals for the Sixth Circuit, in Cincinnati, has ruled in a case of first impression among the federal circuit courts. Link here.
Here are some decisions and articles on arbitration and mediation.