From JDSupra, Linda Auerbach Allderdice, Michael Maroney, and Jameson Rice discuss a case before the Supreme Court which considers whether the Federal Arbitration Act (FAA) applies to independent contractor agreements and whether the question of whether the FAA applies should be determined by an arbitrator or a court. They write: On Oct. 3, 2018, the U.S. Supreme Court…
From JDSupra, Stephen Baumann II and Adrienne Scheffey discuss a Colorado case that interprets the phrase “arising under” broadly. Stephen and Adrienne write: Drawing on federal case law, the state appellate court addressed Digital’s claim that because the arbitration agreement applied to any disputes “arising under” the contract, as opposed to the broader language of “relating to”…
From JDSupra, Richard Reibstein discusses a new type of lawsuit in which a company sues another for unfair competition alleging that the misclassification of independent contractors is an unfair business practice. Richard writes: The newest type of legal challenge is by a business that doesn’t use independent contractors, accusing another business that does use them of…
From JDSupra, Stephanie Adler-Paindiris discusses a case in which the court said whether an issue can be litigated as a class arbitration should be decided a court unless there is clear and unmistakable intent in the arbitration agreement. Stephanie writes: In a matter of first impression before the Eleventh Circuit Court of Appeals, and an issue…
From Lexology, Tyler S. Laughinghouse and Ryan A. Glasgow discuss a decision in which the court said a court gets to decide class arbitrability unless the arbitration provision clearly says the arbitrator has the discretion. Tyler and Ryan write: In Jpay, Inc. v. Kobel, the Eleventh Circuit ruled that questions of class arbitrability should be decided…