An arbitration blog by Prof. Imre Szalai
In an employment dispute involving exotic dancers suing their former employer, a federal magistrate judge recently found the arbitration agreements to be unconscionable and unenforceable. Roe v. SFBSC Management, No. 14-cv-03616-LB (N.D. Cal. Mar. 2, 2015) (click here for a Continue Reading
In Pacheco v. PCM Construction, No. 14-10193 (5th Cir. Feb. 19, 2015) (click here for a copy of the decision), the plaintiff employees filed an overtime wages/FLSA lawsuit against their employer. The district court ordered the plaintiff employees to arbitrate Continue Reading
This multi-district litigation, which involves bank customers suing for overcharges with overdraft fees, is spawning several interesting arbitration decisions. In the latest appellate decision, In Re: Checking Account Overdraft Litigation, No. 13-12082 (11th Cir. Feb. 10, 2015) (click here for Continue Reading
In BNSF Railway Co. v. Alstom Transp., Inc., No. 13-11274 (5th Cir. Feb. 6, 2015) (click here for a copy of the decision), the Fifth Circuit issued some helpful guidance to lower courts in connection with judicial review of arbitration Continue Reading
In re Sussex, No. 14-70158 (9th Cir. Jan. 27, 2015) (click here for a copy of the decision) involved a district court that disqualified an arbitrator in an ongoing arbitration proceeding involving hundreds of claims brought by purchasers of condominium Continue Reading
Earlier today, the Second Circuit issued a summary order affirming a district court’s decision that an employer had not waived its right to arbitrate by waiting four months to file a motion to compel arbitration in response to the filing Continue Reading
In Citigroup, Inc. v. Abu Dhabi Investment Authority, No. 13-4825 (2d Cir. Jan 14, 2015) (click here for a copy of the decision), the Second Circuit refused to enjoin a second arbitration proceeding based on the alleged claim-preclusive effect of Continue Reading
Last week, in a 2-to-1 decision, the Ninth Circuit affirmed a district court’s refusal to enforce an employment arbitration agreement. See Zaborowski v. MHN Government Services, Inc., No. 13-15671 (9th Cir. Dec. 17, 2014) (click here for a copy of Continue Reading
Typically, a corporation seeks to enforce an arbitration clause in connection with a consumer dispute, while the consumer seeks to avoid arbitration and instead have a jury trial in court. However, in a recent Third Circuit case, the tables were Continue Reading
After three trips to the Second Circuit, and after almost ten years (yes, ten years!) of litigation and arbitration, the Second Circuit finally affirmed an arbitrator’s decision that a dispute cannot be arbitrated. The case of Emilio v. Sprint Spectrum Continue Reading