An arbitration blog by Prof. Imre Szalai
In Oxford Health Plans LLC v. Sutter (2013), the Supreme Court mentioned in a footnote that it has “not yet decided whether the availability of class arbitration” is presumptively a gateway issue for a court to decide, or presumptively for Continue Reading
Earlier this week, the Ninth Circuit issued two rulings addressing FAA preemption. As explained below, the Ninth Circuit applied Concepcion to strike down a state law in one decision, but in the other decision, the Ninth Circuit issued a sensible Continue Reading
In Delaware Coalition for Open Gov’t v. Strine, No. 12-3859 (3rd Cir. Oct. 23, 2013) (click here for a copy of the opinion), the Third Circuit held, in a 2-1 decision, that Delaware’s government-sponsored, confidential arbitration system for Delaware business Continue Reading
The California Supreme Court recently issued an important case involving FAA preemption. In Sonic-Calabasas A, Inc. v. Moreno, No. S174475 (Oct. 17, 2013) (click here for a copy of the opinion), the California Supreme Court found that the FAA, as Continue Reading
On October 8, 2013, an employer filed a cert petition with the U.S. Supreme Court asking the Court to find that the FAA preempts California’s Gentry rule. The case is called CarMax Auto Superstores California, LLC v. Fowler, No. 13-439. Continue Reading
The Second Circuit recently issued a summary order affirming a district court’s denial of a motion to compel arbitration because the defendants had waived their right to arbitrate. Technology in Partnership, Inc. v. Rudin, No. 12–3699–cv (2d Cir. Sept. 17, Continue Reading
A few days ago, a new cert petition was filed in the United States Supreme Court regarding a Florida Supreme Court opinion concerning the arbitration of a medical malpractice claim. Bowers v. Franks, No. 13-338 (U.S. Sept. 13, 2013). The Continue Reading
Pursuant to section 4 of the Federal Arbitration Act, a party may petition a federal court for an order compelling another person to honor an arbitration agreement. However, federal courts are courts of limited subject matter jurisdiction, and section 4 Continue Reading
Suppose an arbitrator issues an award, and the losing party pays the full amount set forth in the award. May the winning party still ask a court to confirm the arbitration award as a final judgment? A federal district court Continue Reading
In Richards v. Ernst & Young, LLP, No. 11–17530 (9th Cir. Aug. 21, 2013) (click here for a copy of the decision), the district court had denied the defendant’s motion to compel arbitration because the defendant had waived its right Continue Reading