Non Supreme Court Federal Cases #

California Supreme Court Cases #

Adolph v. Uber Techs., Inc., No. S274671, 2023 WL 4553702 (Cal. July 17, 2023) #

• Opinion: https://www.courts.ca.gov/opinions/documents/S274671.PDF
• represenative PAGA is allowed despite arbitration of individual

California Non-Supreme Court Cases #

Ochoa v. Ford Motor Co. (In re Ford Motor Warranty Cases) #

Quote: “FMC could not compel arbitration based on plaintiffs’ agreements with the dealers that sold them the vehicles. Equitable estoppel does not apply because, contrary to FMC’s arguments, plaintiffs’ claims against it in no way rely on the agreements.”

District Court Cases #

Parm v. Nat’l Bank of Cal., N.A., 835 F.3d 1331 #

INETIANBOR v. CASHCALL INC (2014) #

Parnell v. Cashcall, Inc. #

Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Bobker, 636 F. Supp. 444 (S.D.N.Y. 1986) #

Defines manifest disregard for the law (in the 2nd circuit)

Engalla v. Permanente Medical Group, Inc. 43 Cal. Rptr. 2d 621 (Cal. Ct. App. 1995) #

In re: TikTok Inc. Consumer Privacy Litigation, Case No. 1:20-cv-04699 #

Abernathy v. DoorDash, Inc., 438 F. Supp. 3d 1062 #

One Line Summary: mass arbitration is not sufficient to get out of arbitration agreement

Zenia Chavarria v. Ralphs Grocery Company, 733 F.3d 916 (9th Cir. 2013) #

TODO Pull Quote (from syllabus):

Armstrong v. Michaels Stores, Inc., 59 F.4 th 1101, 1014 (9th Cir. Feb. 13, 2023). #

Morgan teaches that there is no strong federal policy favoring enforcement of arbitration agreements.

Analysis #

• https://onlabor.org/an-explainer-ninth-circuit-on-mandatory-arbitration-in-employment-contracts-chavarria-v-ralphs-grocery/

Richards v. Ernst & Young, LLP, 11-17530, 2013 WL 4437601 (9th Cir. Aug. 21, 2013). #

• Status: Effectively Reversed by Morgan ¹ TODO

Harrison v. Envision Holding Management Inc. Board of Directors, et al., No. 22-1098 (United States Court of Appeals for the Tenth Circuit). (2023) #

Pull Quote:

by prohibiting a claimant such as Harrison from obtaining any form of relief that would benefit anyone other than himself, prevents the effective vindication of the statutory remedies outlined in § 1132(a)(2). In other words, the effect of Section 21 of the Plan, if enforced, would be that participant/claimants such as Harrison would be left without any guarantee that a suit seeking the statutory remedies set forth in § 1132(a)(2) would ever be filed by the DOL (and, in turn, that those statutory remedies would ever be available).

arb that precludes ERISA plan-wide relief under Section 502(a) not enforceable TODO

Ting v. AT & T, 182 F. Supp. 2d 902 (N.D. Cal. 2002) #

Espin v. Citibank, N.A. (E.D.N.C.) #

• Statement Of Interest Of The United States Of America

  Section 4042(a)(3) allows plaintiffs in this case to participate in an SCRA class action in federal court notwithstanding their previous agreement to individual arbitration, regardless of when the SCRA violations are alleged to have occurred. The United States respectfully urges the Court to deny Defendant Citibank, N.A.’s motion to compel arbitration of the SCRA claims.

• Order on Motion To Compel Arbitration

Writ of Certiorari #

Argent Trust Company v. Harrison 23-30 #

Status: Certiorari rejected

• Supreme Cour Docket

Issue: Whether a participant in a plan governed by the Employee Retirement Income Security Act who asserts statutory claims under that statute can be compelled, pursuant to a binding arbitration provision, to submit his claims to individual arbitration.

HomeServices of America, Inc., et al., Petitioners v. Scott Burnett, et al. #

Status: Certiorari rejected

• Supreme Court Docket

California #

In re Uber Technologies Wage and Hour Cases #

Status: Certiorari rejected

One Liner: The People and the Labor Commissioner are not parties to those arbitration agreements.

• Supreme Court Docket
• SCOTUSBlog

Footnotes #