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
Bishop v. Boral Industries, Inc., No. 3:18-CV-02701-RTB (S.D. Cal. Aug. 6, 2020)
Court granted defendants’ motion to compel arbitration finding that a valid arbitration agreement existed and that it applied to plaintiffs’ claims.
Carrone v. UnitedHealth Group Inc., No. 3:20-CV-05138-FLW (D.N.J. Aug. 6, 2020)
Court granted defendants’ motion to compel arbitration of employment discrimination claims. Court held that defendants presented clear and unmistakable evidence of an agreement to arbitrate gateway arbitrability issues.
A Grade Above Others, LLC v. BCVP2 Baileys Run, LLC, No. 0:20-CV-01727-JMC (D.S.C. Aug. 5, 2020)
Court granted defendants’ motion to compel arbitration of construction-related claims, holding that the parties’ contract clearly and unmistakably delegated the issue of arbitrability to the arbitrators.
Convergen Energy LLC v. Brooks, No. 1:20-CV-03746-LJL (S.D.N.Y. Aug. 5, 2020)
Court denied plaintiff’s motion to stay arbitration of claims relating to the sale of a power plant. Court rejected plaintiffs’ argument the parties’ agreement was tainted by fraud and therefore rendered the arbitration agreement in it unenforceable. Court also rejected plaintiff’s argument that a stay of the arbitration was warranted in circumstances where the same issues were to be resolved in ongoing court litigation.
Hedges v. United Parcel Service of America, Inc., No. 1:20-CV-00870-BMC (E.D.N.Y. Aug. 4, 2020)
Court granted defendant’s motion to compel arbitration of claims alleging violations of the Fair Labor Standards Act. Court rejected plaintiffs’ argument that defendant lacked authority to enter into “unenforceable side agreements” with its employees that were said to conflict with their collective bargaining agreement.
MBA Community Loans PLC v. Castellani, No. 3:20-CV-02359-MMC (N.D. Cal. Aug. 4, 2020)
Court granted plaintiff’s uncontested motion for order confirming a foreign arbitration award relating to a loan agreement. Court held that no grounds for non-recognition under Chapter 2 of the FAA applied.
Wallace v. Grubhub Holdings, Inc., Nos. 19-1564 & 19-2156 (7th Cir. Aug. 4, 2020)
Court of appeals upheld district court orders granting defendants’ motions to compel arbitration of claims brought under the Fair Labor Standards Act. Court held that defendants’ employees were not transportation workers engaged in interstate commerce because they were not actually engaged in the movement of goods in interstate commerce.
Dalla-Longa v. Magnetar Capital LLC, No. 1:19-CV-11246-LGS (S.D.N.Y. Aug. 3, 2020)
Court granted respondent’s motion to dismiss petition to vacate an arbitration award. Court held that petitioner failed to serve respondent with proper and timely notice of the petition as required by 9 USC § 12.
Meyer v. Kalanick, No. 1:15-CV-09796-JSR (S.D.N.Y. Aug 3, 2020)
Court denied plaintiff’s motion to vacate arbitration award relating to alleged violations of antitrust laws. Court rejected plaintiff’s contention that the arbitrator manifested “evident partiality” toward defendant.
JE Dunn Construction Co. v. Owell Precast LLC, No. 4:20-CV-00158-BLW (D. Idaho Aug. 3, 2020)
Court granted plaintiff’s motion to compel arbitration of claims relating to construction contracts. Court rejected defendant’s argument that the arbitration agreement was invalid because plaintiff did not properly authenticate the contract for the purpose of entering it into the record. Court also rejected defendant’s argument that plaintiff was not a “party aggrieved” by defendant’s refusal to arbitrate.
Juric v. Dick’s Sporting Goods, Inc., No. 2:20-CV-00651-MJH (W.D. Pa. Aug. 3, 2020)
Court granted defendant’s motion to compel arbitration of overtime compensation claims brought under the Fair Labor Standards Act. Court rejected plaintiffs’ allegation that they did not receive a copy of the arbitration agreement, which was provided electronically via human resources software. Court also rejected plaintiffs’ contention that the arbitration agreement was invalid because defendant did not sign it. Plaintiffs also sought to invalidate the arbitration agreement on grounds that defendant pressured them into signing it, which the court rejected.
Mannapova v. P.S.C. Community Services, Inc., 1:18-CV-04146-FB (E.D.N.Y. Aug. 3, 2020)
Court granted defendant’s motion to compel arbitration of wage claims brought under the Fair Labor Standards Act. Court held that the arbitration agreement in the collective bargaining agreement was mandatory based on a Second Circuit decision in a related case. Court rejected plaintiffs’ contention that the collective bargaining agreement was not binding on its members, that the arbitration agreement did not cover claims arising before the collective bargaining agreement took effect and that the arbitration agreement had expired.
Sullivan v. Feldman, No. 4:20-CV-02236-LHR (S.D. Tex. Aug. 3, 2020)
Court granted defendant’s motion to compel arbitration of claims against law firm for breach of contract, breach of fiduciary duty, tort, legal malpractice, and breach of professional obligations. Court held that companies affiliated with plaintiffs could be compelled to arbitrate their claims because under terms of the parties’ agreement “affiliates” of plaintiff were bound by the arbitration agreement.
Schafer v. Allied Interstate LLC, No. 1:17-CV-233-JTN (W.D. Mich. Aug. 2, 2020)
Court denied defendants’ motion to compel arbitration of claims brought under the Fair Debt Collection Practice Act. Court held that defendants waived their right to arbitration by filing pleadings and moving for summary judgment on the merits in court litigation.
Vierican, LLC v. Midas International, LLC, 1:19-CV-00620-JAO (D. Haw. July 31, 2020)
Court denied defendant’s motion to compel arbitration of claims relating to franchise agreements. Court rejected plaintiff’s argument that the arbitration agreement was unconscionable and found that the dispute was arbitrable. Court nevertheless denied defendant’s motion to compel arbitration on the basis that it could not compel arbitration outside of its district (in this case Florida).