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Smith v. Spizzirri, 601 U.S. ___ (2024), was a United States Supreme Court case in which the Court held that, when a court finds that a lawsuit involves an arbitrable dispute and a party has requested a stay of the court proceeding pending arbitration, Section 3 of the Federal Arbitration Act compels the court to issue a stay, and the court lacks discretion to dismiss the suit.
According to FINRA, Through July 2023, there were 1,914 new cases filed for arbitration. 163 customer claimant cases had been decided through July 2023 and in 26% of those cases, customers were awarded damages. [53] [54] [48] FINRA rates any positive award to a customer as a win for the customer, regardless of the magnitude of losses or legal fees.
Discover Bank v. Superior Court (113 P. 3d 1100 (Cal. 2005)): Held a class action waiver in an arbitration clause unconscionable when disputes will involve small amounts of damages and are part of a scheme by a company with superior bargaining power to deliberately cheat many consumers (the "Discover Bank test").
The Supreme Court case was the consolidation of three prior cases which had created a split opinion in the Circuit Courts in relation to the FAA and the NLRA, and which all had submitted petitions for writ of certiorari in 2016. Epic Systems Corp. v. Lewis (Docket 16-285) involved employees at Epic Systems, a Wisconsin healthcare software ...
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Lamps Plus, Inc. v. Varela, 587 U.S. ___ (2019), was a United States Supreme Court case regarding the use of class arbitration proceedings. In a 5–4 decision, the Supreme Court reversed the Ninth Circuit’s decision and held that arbitration on a classwide basis could not be compelled based on the provision’s ambiguous language. [1]
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Circuit City Stores, Inc. v. Adams, 532 U.S. 105 (2001), was a United States Supreme Court case that concerned whether the "section one exemption" of the Federal Arbitration Act applied to an employment contract of an employee at Circuit City Stores. The Court held that the exemption was limited to the specific listing of professions contained ...