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
Helmuth v. ARS National Services, Inc., No. 9:11-CV-81044-KAM (S.D. Fla. Nov. 13, 2018)
Court denied defendant’s motion to compel arbitration and strike class allegations. Court found that although a valid arbitration agreement existed, and the dispute was within the scope of that agreement, defendant had waived its right to arbitration. Court held that defendant’s actions in filing an answer, engaging in scheduling conferences, conducting discovery and mediation, and filing motions showed intent to litigate and not to arbitrate.
Choice Hotels International, Inc. v. Kapil, LLC, No. 8:18-CV-01232-TDC (D. Md. Nov. 13, 2018)
Court entered a default judgment confirming an arbitration award which granted damages for a breach of a franchise agreement. Court found that defendant failed to show any of the limited grounds for vacating the award under the FAA.
Amazon.com, Inc. v. Glenn, No. 2:18-CV-01289-MJP (W.D. Wash. Nov. 13, 2018)
Court confirmed an arbitration award pursuant to the FAA, awarding attorney and arbitration fees. Court held that the petitioner sought relief within one year in the appropriate jurisdiction and served proper notice on the respondent, thus fulfilling the requirements for confirmation under the FAA.
Kincaid v. Ditech Financial LLC, No. 2:18-CV-00085-JPB (N.D.W. Va. Nov. 13, 2018)
Court granted defendants motion to compel arbitration, finding that it need not determine whether this putative class action was a case involving a single claimant case, which required arbitration under the agreement, or a case involving multiple transactions, which did not, because threshold questions of arbitrability had been delegated to the arbitrator under the agreement.
Arment v. Dolgencorp, LLC, No. 2:18-CV-00026-CDP (E.D. Mo. Nov. 13, 2018)
Court granted defendant’s motion to compel arbitration and dismissed the case. Court found that the agreement delegated questions of the validity of the arbitration agreement to the arbitrator, and thus did not consider plaintiffs arguments that the arbitration agreement was invalid under Missouri law.