An arbitration blog by Prof. Imre Szalai
The Kentucky Supreme Court recently addressed arbitration agreements in the nursing home context. See Extendicare Homes, Inc. v. Whisman, 2013-SC-000426 (Ky. Sept. 24, 2015) (click here for a copy of the decision). The court made two key points in its Continue Reading
Earlier today, the California Supreme Court issued its decision in Sanchez v. Valencia Holding Company, LLC, No. S199119 (Cal. Aug. 3, 2015) (click here for a copy of the decision), which involves an arbitration clause in an automobile sales contract. Continue Reading
The Second Circuit recently addressed a procedural issue regarding the Federal Arbitration Act: if a court finds that all claims in a lawsuit are subject to arbitration, does the court have discretion to dismiss the lawsuit, or must the court Continue Reading
In connection with a Fair Labor Standards Act (FLSA) collective action filed by an exotic dancer for unpaid wages, a federal district court recently found that an arbitration agreement between the dancer and defendant nightclub was unconscionable. Herzfeld v. 1416 Continue Reading
As readers of this blog could probably guess, I am not a big fan of the Supreme Court’s decision in Rent–A–Center, West, Inc. v. Jackson, 561 U.S. 63 (2010), where the Supreme Court gave its blessings to delegation clauses in Continue Reading
The Tenth Circuit issued an opinion with a good discussion of the multiple factors used to determine whether a party waived its right to arbitrate under the Federal Arbitration Act. In re Cox Enterprises, Inc. Settop Cable Television Box Antitrust Continue Reading
Concepcion’s “purposes-and-objectives” FAA preemption test continues to cause conflicting lower court decisions. Some states find that a lack of mutuality in an arbitration agreement (whereby one party reserves the right to go to court for some or all claims, while Continue Reading
The Ninth Circuit recently enforced an arbitration clause in an employee handbook in connection with a civil rights dispute. Ashbey v. Archstone Property Management, No. 12-55912 (9th Cir. May 12, 2015) (click here for a copy of the decision). The Continue Reading
In this employment dispute regarding whether a limousine driver was misclassified as an independent contractor as opposed to an employee, the arbitrator bifurcated the proceedings in order to address liability and damage issues separately. The arbitrator first issued an interim Continue Reading
In this employment case, a former employee filed a Fair Labor Standards Act (FLSA) collective action against a pizza chain for an allegedly unlawful tip pooling arrangement. Conners v. Gusano’s Chicago Style Pizzeria, No. 14-1829 (8th Cir. Mar. 9, 2015) Continue Reading