Administrative, Arbitration
Statutory time period for arbitration is a housekeeping rule, not a jurisdictional limit on the scope of arbitrablility of claim.
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-3032.Opinion.1-12-2016.1.PDF
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.
Showing posts with label Arbitration. Show all posts
Showing posts with label Arbitration. Show all posts
Sixth Circuit: Richmond Health Facilities v. Adrianne Nichols
Arbitration, dicta/holding
Since state law holds that a wrongful death action is held by the next of kin and not the decedent, a release signed by the decedent cannot compel arbitration of the claim.
Arbitration act does not preempt the state law, as the state law does not bar compelled arbitration of the claim.
Rule in earlier holding by state supreme court was an alternative holding, not dicta.
Earlier holding can be retroactive, as it was a restatement of the law, and the state courts have since retroactively applied it.
http://www.ca6.uscourts.gov/opinions.pdf/16a0011p-06.pdf
Since state law holds that a wrongful death action is held by the next of kin and not the decedent, a release signed by the decedent cannot compel arbitration of the claim.
Arbitration act does not preempt the state law, as the state law does not bar compelled arbitration of the claim.
Rule in earlier holding by state supreme court was an alternative holding, not dicta.
Earlier holding can be retroactive, as it was a restatement of the law, and the state courts have since retroactively applied it.
http://www.ca6.uscourts.gov/opinions.pdf/16a0011p-06.pdf
Tenth Circuit: Nesbitt v. FCNH
Arbitration
An opt-out clause in the agreement only speaks to the threshold question of scope of arbitration, and does not forestall an exemption from compulsory arbitration in order to effectively vindicate a claim.
Giver internal inconsistencies in the agreement and incorporated rules, a plaintiff might justifiably refrain from pursuing a claim, given the uncertainty of eventual reimbursement.
https://www.ca10.uscourts.gov/opinions/14/14-1502.pdf
An opt-out clause in the agreement only speaks to the threshold question of scope of arbitration, and does not forestall an exemption from compulsory arbitration in order to effectively vindicate a claim.
Giver internal inconsistencies in the agreement and incorporated rules, a plaintiff might justifiably refrain from pursuing a claim, given the uncertainty of eventual reimbursement.
https://www.ca10.uscourts.gov/opinions/14/14-1502.pdf
Third Circuit: Chesapeake Appalachia LLC v. Scout Petroleum
Arbitration - class actions
Neither the terms of the contract nor the incorporation of the arbitration organization's rules constituted a clear and unmistakable consent to allowing the arbitrator to define the scope of a class arbitration.
http://www2.ca3.uscourts.gov/opinarch/151275p.pdf
Neither the terms of the contract nor the incorporation of the arbitration organization's rules constituted a clear and unmistakable consent to allowing the arbitrator to define the scope of a class arbitration.
http://www2.ca3.uscourts.gov/opinarch/151275p.pdf
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