Morrison & Foerster won an appeal for its client MyLife.com, Inc. (MyLife), an online platform.
The plaintiff MyLife user sued MyLife under the Unfair Competition Law and Consumer Legal Remedies Act. The MyLife user agreement includes an arbitration clause that provides that the arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the scope or validity of the arbitration agreement or the arbitrability of any claim. The trial court denied MyLife’s motion to compel arbitration.
California’s Court of Appeal, Fourth Appellate District, reversed, holding that the parties “clearly and unmistakably” agreed that the arbitrator, not the court, is to determine questions of arbitrability, and remanded for the trial court to grant MyLife’s motion to compel arbitration.
The MoFo Litigation team representing MyLife.com, Inc. was led by Mark Zebrowski and Benjamin Kagel.