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Posts published in “Arbitration & ADR”

9th Cir. Reverses Dismissal of Loan Officer’s Putative Class Claims Pursuant to Arbitration Agreement

The U.S. Court of Appeals for the Ninth Circuit recently reversed a trial court's order dismissing a putative class action complaint and granting the defendant lender’s motion to compel arbitration pursuant to an arbitration agreement with the plaintiff loan officer.

Calif. App. Court (1st Dist) Rejects Bank’s Effort to Disqualify Arbitrator as Untimely

The California Court of Appeals, First Appellate District, recently reversed a lower court’s orders denying a bank account holder’s petition to confirm an arbitration award and an order granting a bank’s petition to vacate the award, and remanded with instructions to enter an order confirming the award.

Calif. App. Court Denies Motion to Compel Arbitration Because Affidavit Did Not Include Referenced Records

The California Court of Appeal, Fourth District, recently affirmed a trial court’s denial of a debt buyer’s motion to compel arbitration, holding that an affidavit from the original creditor’s employee, used by the debt buyer to prove that an arbitration agreement had been mailed to the borrower, lacked foundation, and violated the secondary evidence rule.

Illinois App. Court Affirms $11 Million FINRA Award, Holds ‘Public Policy’ Exception of Arbitration Act is Limited to Awards Arising From a CBA

The Appellate Court of Illinois, First District, recently affirmed an $11 million arbitration award entered by a Financial Industry Regulatory Authority panel in favor of a financial advisor and against his former employer. In doing so, the Court held that the “public policy” exception of the Illinois Uniform Arbitration Act is limited to arbitration awards arising from a collective bargaining agreement (CBA).

9th Cir. Holds McGill Rule Did Not Bar Arbitration, Rejects Recent Contrary State Appellate Court Rulings

The U.S. Circuit Court of Appeals for the Ninth Circuit recently reversed a trial court's denial of a motion to compel arbitration under the Federal Arbitration Act (FAA) in a putative class action involving privacy and data-collection practices laws.

9th Cir. Holds Anti-Joinder and Class Action Waiver Provisions Did Not Violate California Law

The U.S. Court of Appeals for the Ninth Circuit recently affirmed an order compelling arbitration, even though the arbitration clause contained a class action waiver and an anti-joinder provision, and dismissing a putative class action brought against the operator of a smartphone app offering financial services to its customers.