Author: Prof. Imre Szalai

In Goldman, Sachs & Co. v. Golden Empire Schools Financing Authority, Nos. 13-797-cv, 13-2247-cv (2d Cir. Aug. 21, 2014) (click here for a copy of the decision), the Second Circuit found that a forum selection clause in a broker-dealer agreement Continue Reading

The Ninth Circuit recently issued a decision finding that the arbitration clause on Barnes & Noble’s (B&N) website was not binding on a plaintiff.  Nguyen v. Barnes & Noble, Inc., No. 12-56628 (9th Cir. Aug. 18, 2014) (click here for Continue Reading

In Brown v. Brown-Thill, Nos. 13–1708, 13–1795, 13–1710, 13–1797 (8th Cir. Aug. 11, 2014) (click here for a copy of the decision), disputes arose between two co-trustees of a family trust, and the co-trustees had signed a broad arbitration agreement Continue Reading

The Tenth Circuit recently issued a decision addressing the scope of an arbitration clause in a poorly-drafted employment agreement. Normally, under contract law, ambiguities are construed against the drafter, who would be the employer in this case. However, because of Continue Reading

Class Arbitration: Last week, the Third Circuit joined the Sixth Circuit and issued an important decision holding that whether an arbitration agreement provides for class arbitration is presumptively an issue for a court, not an arbitrator, to decide, unless the Continue Reading

In its 2010 decision Rent-a-Center v. Jackson, the Supreme Court gave its blessing to the use of broad delegation clauses within arbitration agreements, whereby the parties agree to submit or delegate arbitrability questions to the arbitrator, such as whether the Continue Reading

This multi-district litigation, which involves bank customers suing for overcharges with overdraft fees, is spawning several arbitration decisions.  The arbitration agreement in this case contained a delegation clause permitting the arbitrator to resolve any issue regarding the “validity, enforceability, or Continue Reading