ADR CORNER
Arbitration Case Law Update
DONNA GREENSPAN SOLOMON
Anderson v. Am. Gen. Life Ins. Co., 802
Fed. Appx. 548 (11th Cir. 2020) (arbitrator
faced with jurisdictional challenge was
not required to hear evidence of whether
employer breached optional and informal
dispute resolution procedure or whether
employer's upper management knew
about rigged sales contest used to decide
promotion at issue).
Mason v. Midland Funding LLC, 18-14019,
2020 WL 2466370, at *4 (11th Cir. May
13, 2020) (defendant failed to show that
plaintiff agreed to arbitrate by assenting
to clickwrap agreement that was part of
online credit application where evidence
did not establish that plaintiff ever received
or knew of arbitration agreement).
Iglehart v. Mitbank USA, Inc., 285 So.
3d 331 (Fla. 4th DCA 2019) (Co-trustee
did not waive right to arbitration under
land trust agreement by filing suit under
contemporaneous but separate trust
management agreement).
4927 Voorhees Rd., LLC v. Tesoriero, 291 So.
3d 668, 673 (Fla. 2d DCA 2020) (arbitration
agreement containing improper damages
and fees provisions could be severed from
arbitration agreement; conflict certified
with Novosett v. Arc Villages II, LLC, 189 So.
3d 895 (Fla. 5th DCA 2016)).
Hobby Lobby Stores, Inc. v. Cole, 287 So.
3d 1272 (Fla. 5th DCA 2020) (Arbitration
agreement was not procedurally unconscionable,
even though employee asserted
he had a high school education, did not
know what arbitration was, and believed
he had no choice but to sign it; arbitration
agreement's operative terms were
not hidden, minimized, or buried in fine
print, there was no evidence that employee
could not read the agreement or that
corporation pressured, rushed, or coerced
him into signing it, and employee did not
allege that corporation made false representations
to induce him to sign it, or that
he asked any questions about the agreement,
or that he expressed any confusion
about its terms, or that he lacked opportunity
to inquire into the agreement's terms
or to enlist help if confused).
Efron v. UBS Fin. Services Inc. of Puerto
Rico, 45 Fla. L. Weekly D309 (Fla. 3d DCA
Feb. 12, 2020) (trial court erred in confirming
$9.7 million arbitration award where panel
denied motion for postponement due to
withdrawal of counsel, giving no specific
reason).
Ciccarello v. Siena Villas at Beach Park
Condo. Ass'n, Inc., 45 Fla. L. Weekly D568
(Fla. 2d DCA Mar. 11, 2020) (appellate court
lacks jurisdiction to review arbitration
award in absence of timely-filed motion for
trial de novo in circuit court pursuant to
section 718.1255(4)(k), Fla. Stat.).
Doe v. Natt, 45 Fla. L. Weekly D712 (Fla. 2d DCA
Mar. 25, 2020) (clickwrap agreement stating
that any arbitration would be administered
by American Arbitration Association
(AAA) in accordance with its rules did not
constitute clear and unmistakable evidence
of parties' assent; agreement was silent on
issue of arbitrability, agreement's reference
to AAA rules was broad, nonspecific, and
cursory, and AAA rule that arbitrator shall
have power to rule on scope or validity
of arbitration agreement or arbitrability
of any claim conferred adjudicative
power on arbitrator but did not make that
power exclusive or contractually remove
adjudicative power from court).
H Greg Auto Pompano, Inc. v. Raskin, 45
Fla. L. Weekly D702 (Fla. 3d DCA Mar. 25,
2020) (although section 682.03, Florida
Statutes, requires a stay while motion to
compel arbitration is pending, the statutory
language does not mandate a stay during
appeal of denial of motion to compel; noting
difference with Eleventh Circuit in Blinco
v. Green Tree Servs., LLC, 366 F.3d 1249, 1253
(11th Cir. 2004) (litigation should be stayed
so long as appeal is non-frivolous)).
City of Hollywood v. Perrin, 45 Fla. L.
Weekly D694 (Fla. 4th DCA Mar. 25, 2020)
(employee's complaint that city erroneously
calculated his longevity and seniority
contained arguable allegation of unfair
labor practice, over which Public Employees
Relations Commission (PERC) had exclusive
jurisdiction, and thus trial court could not
compel arbitration).
Timmons v. Lake City Golf, LLC, 45 Fla.
L. Weekly D797 (Fla. 1st DCA Apr. 7, 2020)
(final judgment provided former partner
with sole recourse process contemplated
in arbitration, and thus was not flawed for
failing to give him right of execution and
final process).
CWELT-2008 Series 1045 LLC v. Park
Gardens Ass'n, Inc., 45 Fla. L. Weekly D1001
(Fla. 3d DCA Apr. 29, 2020) (plaintiff waived
right to demand arbitration on counterclaim
that was “flip side” of claim it had actively
litigated).
Donna Greenspan Solomon is one of three
attorneys certified by The Florida Bar as both
Business Litigator and Appellate Specialist.
Donna is a Member of the AAA’s Roster
of Arbitrators (Commercial Panel). She is
a FINRA-Approved and Florida Supreme
Court Qualified Arbitrator. She is also a
Certified Circuit, Appellate, and Family
Mediator. Donna is a Member of the Florida
Supreme Court Committee on Standard Jury
Instructions—Contract and Business Cases.
Donna can be reached at (561) 762-9932 or
[email protected] or by visiting
www.solomonappeals.com.
For additional ADR tips and resources,
please go to the ADR Committee page of the
updated Palm Beach County Bar Association
website at www.palmbeachbar.org.
PBCBA BAR BULLETIN 5