Outsourcing Justice

federal appellate court decisions

Third Circuit: Arbitration Agreement Not Validly Formed Through An “Interactive Voice-Response Telephone System”

In Bobbie James v. Global TelLink Corp, No. 16-1555 (Mar. 29, 2017), the Third Circuit held that the defendant telecom company had failed to create a binding arbitration agreement (click here for a copy of the decision).   As recognized by…

Cert Grant and Third Circuit Says Don’t Trust Arbitrator Disclosures!             

Two bits of news today: First, the Supreme Court earlier today granted cert in connection with a 9th Circuit employment case dealing with Concepcion’s broad (and vague) preemption doctrine.  Specifically, the case involves whether the FAA preempts a state rule…

Ninth Circuit Gives Huge Victory to California Employees: FAA Does Not Preempt Iskanian Ruling

In a landmark 2-to-1 decision, the Ninth Circuit held that the Federal Arbitration Act does not preempt the California Supreme Court’s ruling in Iskanian, which held that waivers of the right to bring a representative action under California’s Private Attorneys…