WSBA Alternative Dispute Resolution

Promoting Informed Use and Best Practices for ADR in Washington

Case Law

  • Rent-A-Center, West v. Jackson
    (US SCt, 09-497, June 21, 2010) (a challenge to the whole contract is an issue to be resolved by the arbitrator rather than the court)
  • Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp.
    (US SCt, 08-1198, April 27, 2010) (imposing class arbitration on parties who have not agreed to authorize class arbitration is inconsistent with the Federal Arbitration Act (FAA))
  • 14 PennPlaza LLC v. Pyett.
    (US SCt, 07-581, April 1, 2009) (a provision in a collective bargaining agreement that clearly and unmistakably requires union members to arbitrate ADEA claims is enforceable as a matter of federal law)
  • Vaden v. Discover Bank
    129 S.Ct. 1262 (2009) (FAA itself does not create jurisdiction in the federal courts, and there must be a federal question or diversity of citizenship)
  • McKee v. AT&T Corp.
    164 Wn.2d 372 (2008) (Following clauses found substantively unconscionable without procedural analysis: class action waiver, forum selection to forum permitting class action waiver, statute of limitations shortening from 4 years to 2 years for consumer action, and confidentiality)
  • Hall Street Associates, LLC v. Mattel, Inc
    (US SCt, 06-989, March 25, 2008) (Parties agreement for expanded review and judicial appeal of arbitration decision not enforceable under the FAA)
  • Preston v. Ferrer
    (US SCt , 06–1463, February 20, 2008) (State administrative forum preempted by FAA)
  • Rodriguez v. Windermere
    (Case no. 59526-1-I, Wash. Ct. App, Div. I, Jan. 28, 2008) (One-sided arbitration selection procedure against public policy in arbitration statute)
  • Scott v. Cingular Wireless
    156 Wn.2d 1001 (2007) (Consumer class action – arbitration clause waiver of class actions unconscionable)
  • Carideo v. Dell, Inc.
    492 F.Supp.2d 1283 (W.D. Wash. 2007) (choice of law provision in arbitration agreement not unconscionable)
  • Schoenduve Corp. v. Lucent Technologies
    (442 F.3d 727 (9th Cir 2006) (Arbitration clause scope broad enough to cover non contractual claims)
  • Kruger Clinic v. Regence Blueshield
    157 Wn.2d 290 (2006)
    (Insurance - McCarran-Ferguson Act shields RCW 48.43.055 and WAC 284-43-322(4) from preemption by the FAA).
  • Al-Safin v. Circuit City Stores
    394 F.3d 1254 (9th Cir. January 14, 2005)
    (unconscionable provisions – WA law)
  • Adler v. Fred Lind Manor
    153 Wn.2d 331 (2004) (180-day limitations period unconscionable)
  • Zuver v. Airtouch
    153 Wn.2d 293 (2004) (confidentiality unconscionable)
  • Greentree Financial Corp. – So. Carol. v. Bazzle
    539 U.S. 444 (2003) (Class arbitration)
  • EEOC v. Waffle House
    534 U.S. 279 (2002) (EEOC not precluded from pursuing litigation against employer despite employee's arbitration agreement)
  • EEOC v. Luce Forward
    303 F.3d 994, 997 (9th Cir. 2002) (compulsory employment arbitration)
  • Circuit City v. Adams
    279 F.3d 889 (9th Cir. 2001) (assymetrical 1 year limitation, cost splitting and remedy limiting provisions found unconscionable under CA law)
  • Greentree Financial Corp. –Ala. v. Randolph
    531 U.S. 79 (2000) (Cost splitting analysis)

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