Sixth Circuit Reverses Judgment Compelling Arbitration of Arbitrability
In a 2-1 decision handed down on August 12, the Sixth Circuit reversed a district court’s ruling that an arbitrator should decide whether 93 labor grievances against AK Steel Corporation must be...
View ArticleSixth Circuit Applies Arbitrability Presumption to Question of Who May Arbitrate
The federal courts of appeals and other courts have been split on whether the presumption favoring arbitrability applies to questions about who may enforce (or is bound by) an agreement to arbitrate....
View ArticleSixth Circuit Wrestles with Ripeness Standard in Reviewing Arbitration Panel...
Last week, a divided Sixth Circuit panel in Dealer Computer Services, Inc. v. Dub Herring Ford, et al. (6th Cir., Case No. 09-1848, Oct. 14, 2010) (PDF) (“DCS II”), held that the three-prong ripeness...
View ArticleNarrow Arbitration Clause Leaves High-Profile Claims in Court
The parties in Turi v. Main Street Adoption Servs. (pdf), Case No. 09-2229, will be battling it out in arbitration and federal court, due to a very narrow arbitration clause. The Court’s detailed...
View ArticleSixth Circuit Reverses Arbitration Decision
Yesterday, the Sixth Circuit reversed a decision compelling arbitration in an employment dispute, Hergenreder v. Bickford Senior Living Group, LLC. A foundational principle of the FAA is consent to...
View ArticleSixth Circuit Maintains An “Exceedingly Deferential” and “Very Limited”...
The Sixth Circuit’s recent opinion on federal labor arbitration law reiterates the deference given to arbitrators of labor disputes by the Supreme Court and Sixth Circuit precedent. In Titan Tire...
View ArticleSixth Circuit To Hear Appeal From Preliminary Injunction Enjoining...
This appeal stems from the Eastern District of Kentucky’s order granting Morgan Keegan & Company Inc.’s motion for preliminary injunction to enjoin Robert Ras from compelling arbitration before the...
View ArticleSixth Circuit to Consider Chrysler Dealers’ Appeal
In the aftermath of the 2009 bankruptcies of Chrysler LLC (“Old Chrysler”) and General Motors Corporation (“Old GM”), Congress enacted Section 747 of the Consolidated Appropriations Act of 2010, Pub....
View ArticleSixth Circuit Upholds Denial of Motion to Compel Arbitration Based on...
In Johnson Associates Corp. v. HL Operating Corp., Case No. 10-6468, the Sixth Circuit affirmed the district court’s holding that the defendant waived its right to arbitrate. Plaintiffs sued HL...
View ArticleCourts, Rather than Arbitrators, Presumably To Decide Whether Arbitration...
The Sixth Circuit earlier this week decided an issue recently left open by the United States Supreme Court as to whether the Court or an arbitrator is to decide whether classwide arbitration is...
View ArticleAgreement to Arbitrate Does Not Apply Retroactively to Bar Pending Case
Against a recent spate of proarbitration decisions reported on here, here and here, the Sixth Circuit has now bucked that trend, refusing to apply retroactively an agreement to arbitrate to bar...
View ArticleCheck Your Arbitration Clause: Sixth Circuit Draws Distinction Between...
Siding with the Fifth, Ninth and Second (unpublished) Circuits in a longstanding circuit split, the Sixth Circuit in United States ex rel. Paige v. BAE Sys. Tech. recently distinguished between...
View ArticleSixth Circuit Again Weighs in on Arbitration Clauses
The Sixth Circuit has been busy with arbitration cases in the past year, as we have covered here and here, largely trending in favor of arbitration. Last week, the Circuit issued an opinion in another...
View ArticleSixth Circuit Grapples with Results of Chrysler’s Post-Bankruptcy Dealership...
On January 16, the Sixth Circuit issued a decision in an appeal by Chrysler dealerships that were closed in the process of Chrysler’s bankruptcy in 2009 but that met with success in federally-mandated...
View ArticleSplit Sixth Circuit Compels Arbitration in Employee Benefit Class Action Suit
Last week, the Sixth Circuit handed down its decision in Supplemental Benefit Committee v. Navistar International Corp., an appeal by a corporation seeking to compel arbitration in an ongoing dispute...
View ArticleTire Company Can’t Compel Arbitration in China Under Expired Contract
Yesterday, in Linglong Americas, Inc. v. Horizon Tire, Inc., a unanimous panel of the Sixth Circuit rejected a tire manufacturer’s attempt to compel arbitration of claims in China under a contract that...
View ArticleSixth Circuit’s Plain-Meaning Approach to Foreign Arbitration Discovery
Parties may now seek discovery from district courts within the Sixth Circuit for use in foreign private arbitrations. In Abdul Latif Jameel Transportation Company v. FedEx, a unanimous panel held that...
View ArticleAssessing the amount in controversy when seeking to vacate an arbitral award
Yesterday’s published decision in Hale v. Morgan Stanley Smith Barney LLC established the law of the circuit on a nifty issue of subject matter jurisdiction in the context of arbitration. Where a...
View ArticleCourts, Rather than Arbitrators, Presumably To Decide Whether Arbitration...
The Sixth Circuit earlier this week decided an issue recently left open by the United States Supreme Court as to whether the Court or an arbitrator is to decide whether classwide arbitration is...
View ArticleAgreement to Arbitrate Does Not Apply Retroactively to Bar Pending Case
Against a recent spate of proarbitration decisions reported on here, here and here, the Sixth Circuit has now bucked that trend, refusing to apply retroactively an agreement to arbitrate to bar...
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