Wednesday, September 6, 2017

Henson v. U.S. District Court for the Northern District of California

An order staying proceedings and compelling arbitration is not a final decision that is subject to ordinary appeal. A litigant bringing a putative class action suffers prejudice that will not be correctable on appeal if he cannot arbitrate his dispute in a representative capacity or on behalf of a class. A district court judge erred in applying New York law pursuant to a choice-of-law provision in a dispute where one of the parties was not a signatory to the contract containing the provision. California law permits non-signatories to invoke arbitration agreements in limited circumstances under the doctrine of equitable estoppel--but absent evidence of reliance on the terms of the contract or collusion between the non-signatory and a signatory, equitable estoppel will not apply.

Henson v. U.S. District Court for the Northern District of California (Turn, Inc.) - filed Sept. 5, 2017
Cite as 2017 S.O.S. 16-71818

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