The US IA Digest collects in one place important decisions on US international arbitration case law issued since January 1, 2016, compiled and organized into categories that are most relevant and useful to practitioners and other interested parties. The Digest will be updated on a rolling basis as new decisions are issued.
Newly Released Decisions
Katz v. Cellco Partnership d/b/a Verizon Wireless, No. 18-1436 (2d Cir. Mar. 12, 2019)
Court of appeals affirmed district court decision confirming an arbitral award, finding that the standard of review imposed by the FAA does not violate the Fifth Amendment due process right to judicial review, since a private party’s agreement to arbitrate does not constitute state action.
Bracey v. Lancaster Foods LLC, No. 1:17-CV-01826-RDB (D. Md. Mar. 12, 2019)
Court denied motion for reconsideration of decision granting motion to compel arbitration, finding, inter alia, that evidence of minimum interstate travel by truck driver did not render him an interstate transportation worker for purposes of the exemption under § 1 of the FAA.
Doe v. Virginia College, LLC, No. 1:19-CV-00023-RP (W.D. Tex. Mar. 12, 2019)
Court granted unopposed motion to dismiss and compel arbitration, finding that an arbitration existed and covered the claims at issue.
Partners 3190, LLC v. Signature Building Systems, Inc., No. 3:18-CV-01475-JMM (M.D. Penn. Mar. 12, 2019)
Court denied petition to vacate arbitral award and granted cross-petition to confirm the award, finding that the claim submitted in arbitration was a breach of contract claim and not subject to an exclusion from the arbitration agreement for warranty claims.
Stone v. Wells Fargo Bank, N.A., No. 1:18-CV-02526-ELH (D. Md. Mar. 11, 2019)
Court granted motion to compel arbitration and dismissed action, finding that (i) in a contract between a Fortune 500 company and a consumer, a cross-reference to application of the AAA rules does not provide clear and unmistakeable evidence of the consumer’s intent to arbitrate arbitrability; (ii) the claims were within the scope of the arbitration agreement; and (iii) the appropriate remedy when all issues presented in a lawsuit are referred to arbitration is dismissal.