Article

9th Circuit Weighs In On Using Equitable Estoppel to Compel Arbitration

Daily Journal

21 Jun 2021

Angela Kleine and Neil Tyler authored an article for the Daily Journal covering two 9th U.S. Circuit Court of Appeals decisions that show how the nature of the parties’ business and relationships, and the allegations in the complaint, can shape whether a dispute is arbitrable.

Stafford and Franklin are reminders that the way business and contractual relationships are structured can subject even the most carefully drafted arbitration provisions to an uncertain future,” the authors wrote. “Applying the same principles of equitable estoppel, the Stafford court found the plaintiff’s fraud-based claims were not subject to arbitration, while the Franklin court found the plaintiff’s employment-related claims must be arbitrated. These two decisions – issued the same day by the same court (albeit different panels of judges) – demonstrate the fact-specific analysis involved if a motion to compel is not based on a direct agreement containing an arbitration provision between the plaintiff and defendant.”

Read the full article.

Close
Feedback

Disclaimer

Unsolicited e-mails and information sent to Morrison & Foerster will not be considered confidential, may be disclosed to others pursuant to our Privacy Policy, may not receive a response, and do not create an attorney-client relationship with Morrison & Foerster. If you are not already a client of Morrison & Foerster, do not include any confidential information in this message. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.