In Case Del Caffe Vergnano SPA v. ItalFlavors, LLC, the Ninth Circuit held that the court, not an arbitration tribunal, could review a franchise contract and determine it was a sham, based upon a second contract signed between the parties, and require the parties to litigate the dispute instead of arbitrate. The facts of the … Continue Reading
Editors’ Note: This post, originally authored by John Lewis and Dustin Dow and published on BakerHostetler’s Employment Class Action blog, is reprinted with permission. The U.S. Supreme Court rejected the contention that a class arbitration waiver was unenforceable under the Federal Arbitration Act (“FAA”) when the cost of arbitrating individually would be greater than any … Continue Reading
Arbitration in the context of antitrust class action litigation continues to be a front and center issue for the federal appeals courts. (See this blog’s discussion of a Third Circuit decision from late last year, In re Pharmacy Benefit Managers Antitrust Litig. (Case No. 12-1430).) The Eighth Circuit recently weighed in on arbitration issues, holding … Continue Reading
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