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Arbitration Agreements

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Recom Corp. v. Miller Bros., No. 16-3320, (D.N.J. Aug. 16, 2018) [click for opinion] In June 2014, electrical contractor Miller Brothers (“Miller”) entered into a supply agreement with Recom Corp. to purchase solar panels for three construction projects in New Jersey. The supply agreement defined the “Contractor” as Miller and the “Vendor” as “Recom Corp…. its parents, subsidiaries, affiliates and assigns.” Recom Corp. did not procure the solar panels itself, despite being a party to…

Zacher v. Comcast Cable Commc’ns, No. 17-cv-7256 (N.D. Ill. June 20, 2018) [click for opinion] Plaintiff brought a putative class action alleging that Comcast violated the Telephone Consumer Privacy Act when it called his cellular telephone “looking for the account holder for a specific address.” Comcast moved to compel arbitration on the basis that Zacher previously agreed to arbitrate all such disputes through his customer agreements with Comcast. In support of its motion, Comcast submitted…

Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018) [click for opinion] In these three consolidated cases, Plaintiff-Employees brought class action suits against their employers for unpaid wage claims under the Fair Labor Standards Act of 1935, despite having entered into mandatory individual arbitration agreements that waived their right to collective and class actions for any employment-related disputes. Plaintiffs, and the National Labor Relations Board, took the position that class action waivers in individual…

On May 9, 2018, Justice Nancy Andrighi of the Superior Court of Justice – STJ, the highest Brazilian court for non-constitutional matters, issued an injunction reaffirming the principle of competence-competence under articles 8, sole paragraph and 20 of Brazilian Arbitration Act, according to which the arbitration panel is the only body competent to judge the competence of the arbitral venue, if an arbitral proceeding is pending. In her decision, Justice Andrighi revoked an anti-arbitration injunction…