Most federal and Land courts have not taken up Horton I`s explanatory memorandum. See Sutherland v. Ernst & Young LLP, 726 F.3d 290, 297 n.8 (2d Cir. 2013); Owen v. Bristol Care, Inc., 702 F.3d 1050, 1055 (8th Cir. 2013); D.R. Horton, Inc. v. N.L.R.B., 737 F.3d 344, 359 (5th Cir. 2013) (Horton II) (NLRB Class Action Waiver Rule does not fall under the austerity clause in Section 2 of the FAA).
While the Ninth Circle did not rule on the violation of binding arbitration agreements against the NRA, it found that a number of federal courts did not follow Horton I because he is contrary to the U.S. Supreme Court`s statements about the guidelines that ups maintain the FAA); Richards v. Ernst & Young, LLP, 744 F.3d 1072, 1075 n. 3 (9 cir. 2013). As part of the agreement, OneSource will amend its arbitration agreement and inform staff that the agreement does not prevent them from submitting a fee to the EEOC, the Agency said. In the event of any conflict between this arbitration agreement and any other applicable arbitration clause, this arbitration agreement shall take precedence. Second, Barboza argues that there is no arbitration agreement because she was confused about the service of the documents she had to sign and was confused about whether she had signed them electronically. Opp`n 7-8. In response, Adecco provides evidence that Barboza had to click on an email sent to the email address it provided, re-enter its email address, provide an email signature, and click a „yes“ button to confirm its email signature. Answer 8-9. In addition, in his statement, Barboza acknowledges that he had to „fill out these documents to resume my job at Adecco at the beginning of each work season.“ 9th Adecco also notes that Barboza provided no evidence that she did not understand the documents or that she asked for help in understanding them when she signed them.
Id. at 10-11. Consequently, the Court finds that there is an arbitration agreement and that Adecco has duly authenticated Barboza`s electronic signature. After taking into account the pleadings, accompanying documents and oral submissions of the parties, the Tribunal grants Adecco`s request to compel the claimant`s rights to arbitration, with the exception of the claimant`s pagA claims which will remain before that court. . . .