Author: Prof. Imre Szalai

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

In Knutson v. Sirius XM Radio Inc., No. 12-56120 (9th Cir. Nov. 10, 2014) (click here for a copy of the decision), the Ninth Circuit held that Sirius could not enforce an arbitration clause used in connection with a free Continue Reading

In Inetianbor v. Cashcall, Inc., No. 13-13822 (11th Cir. Oct. 2, 2014) (click here for a copy of the decision), the Eleventh Circuit affirmed a district court’s order refusing to compel arbitration because the forum specified in the arbitration clause Continue Reading

In Elite Logistics Corp. v. Hanjin Shipping Co., No. 12-56238 (9th Cir. Sept. 19, 2014) (click here for a copy of the decision), a majority of a Ninth Circuit panel issued a brief decision finding an arbitration clause to be Continue Reading

In Kay v. The Minacs Group, Inc., No. 13-1974 (6th Cir. Sept. 5, 2014) (click here for a copy of the decision), the plaintiff employee filed an age discrimination suit against his employer, and the employer moved to dismiss the action Continue Reading

Shortly after several franchisees filed suit against the franchisor Steak n Shake regarding new pricing policies, Steak n Shake adopted an arbitration policy requiring franchisees to engage in “nonbinding arbitration” at Steak n Shake’s request. The Seventh Circuit, agreeing with Continue Reading

In a construction dispute, a mechanical contractor won an arbitration award against the project’s construction manager.  The arbitration also involved third-party indemnification claims brought by other defendants against two other parties: an architect and designer, but the architect and designer Continue Reading

In Jackson v. Payday Financial, LLC, No. 12-2617 (7th Cir. Aug. 22, 2014) (click here to see a copy of the decision), the plaintiffs filed a lawsuit against various entities involved in payday lending, alleging violations of usury statutes. The Continue Reading