An arbitration blog by Prof. Imre Szalai
When parties seek to enforce an arbitration agreement in federal court, I have noticed that parties use a variety of different procedures, such as a Rule 12b1 motion to dismiss for lack of subject matter jurisdiction, a Rule 12b6 motion Continue Reading
For the second time in about a week, the Second Circuit relied on the Supreme Court’s American Express ruling to end a collective action for overtime wages through the enforcement of an individual arbitration agreement. See Raniere v. Citigroup, No. Continue Reading
Last week, the Second Circuit relied on the Supreme Court’s recent American Express case to reverse a district court’s denial of a motion to compel arbitration. See Sutherland v. Ernst & Young, No. 12–304–cv (2d Cir. Aug. 9, 2013) (Click Continue Reading
Earlier this summer in June, the Massachusetts Supreme Court issued a detailed, well-reasoned decision dealing with the enforceability of class waivers in an arbitration clause. I had blogged about this case, Feeney v. Dell, when it came out earlier this Continue Reading
The National Arbitration Forum (NAF) ceased administering consumer arbitrations in 2009 after it settled a suit brought by the Minnesota Attorney General. However, as a recent Seventh Circuit opinion shows, parties continue to select the NAF in consumer arbitration agreements. Continue Reading
A new FAA cert petition was filed earlier this week. Geneva-Roth Ventures, Inc. v. Kelker, No. 13-97 (U.S. July 24, 2013). The case involves a dispute between a consumer and an online lender in connection with a $600 payday loan Continue Reading
A recent appeal before the Fifth Circuit sheds light on certain aspects of unfairness in compelling arbitration of employment disputes. The case involves a former employee who is suing her former employer for age discrimination. Brief of Appellant, Phillips v. Continue Reading
The Ninth Circuit recently relied on Concepcion to preempt state law and vacate a lower court’s denial of a motion to compel arbitration. See Mortensen v. Bresnan Communications, No. 11-35823 (9th Cir. July 15, 2013). Click here to see a Continue Reading
A luxury homebuilder recently filed a cert petition in the US Supreme Court to reverse a lower court ruling refusing to compel arbitration. See Toll Bros. v. Noohi, No. 13-55 (U.S. July 10, 2013). Click here to see a copy of Continue Reading
A recent Texas opinion revealed an interesting, and rather harsh, provision in an arbitration agreement. D.R. Horton-Texas, Ltd. v. Drogseth, No. 02–12–00435–CV (Tex.App.-Fort Worth July 3, 2013). Click here for a copy of the opinion. The case involved a dispute Continue Reading