Agreement to Arbitrate Enforceable Even After Termination of Agreement with Assisted-Living Facility
7/1/20
By: Kevin Kenneally, Janet Barringer and William Gildea
The United States Court of Appeals for the First Circuit has upheld a challenge to the enforceability of an arbitration agreement in the senior living facility and long-term care (LTC) arena. …
Ninth Circuit’s Decision Upholding Arbitration Clause Enables Uber To Sidestep Substantive Issues Regarding Misclassification
10/10/18
By: Laura Flynn
In O’Connor v. Uber, a case in which California Uber drivers assert they should be categorized as employees rather than independent contractors, the Ninth Circuit Court of Appeals recently issued an order reversing the district court’s denial …
Arbitrability – Who Decides?
9/14/18
By: Ted Peters
The question of arbitrability (i.e., Who decides whether a dispute is arbitrable? The court or the arbitrator(s)?) is as ageless as the conundrum of what came first, the chicken or the egg. In 2010, the Supreme …
Arbitration Clauses Are Only As Good As the Signatory’s Power to Bind, Obviously
11/29/17
By: Shaun Daugherty
A name is just a name when it was found on the signature line of an arbitration agreement between a Tift County Georgia nursing home and one of its residents. A U.S. District Judge in the Middle …