An arbitration blog by Prof. Imre Szalai
In Smith v. Servicemaster Holding Co., No. 2:11–cv–02943 (W.D. Tenn. May 21, 2013), the plaintiffs filed a collective action in federal court alleging that the defendant employers had violated the Fair Labor Standards Act, and the federal court granted the Continue Reading
As I mentioned in an earlier post, I am concerned that the current version of the proposed Arbitration Fairness Act of 2013, S. 878 and H.R. 1844, will lead to wasteful litigation regarding its applicability in state courts. From its Continue Reading
The Dodd-Frank Act Wall Street Reform Act of 2010 authorized the SEC to restrict the use of pre-dispute arbitration agreements in the securities industry. Reuters recently reported that at a conference earlier this week, SEC commissioner Elisse Walter mentioned the Continue Reading
Earlier this month, an appeal was filed regarding a district court’s order compelling arbitration. Diggs v. Citigroup, Inc., No. 13-10138 (5th Cir. May 13, 2013). (Click on the following link to see a copy of the appellant’s brief: Diggs brief.) The Continue Reading
A federal court in Florida recently enforced an arbitration agreement in a consumer loan with a whopping annual interest rate of 138%. Inetianbor v. CashCall, Inc., No. 13-60066-CIV (S.D. Fla. May 17, 2013). (Click on the following link for a Continue Reading
A California appellate court recently upheld a lower court’s decision denying a nursing home’s motion to compel arbitration. Root v. Emeritus Corp., No. A134748 (Cal. App. 1st Dist. May 17, 2013). (Click here for a copy of the opinion.) An Continue Reading
The Ninth Circuit recently affirmed a district court’s decision finding that a non-signatory, a defendant in a class action, cannot invoke an arbitration agreement. Rajagopalan v. Noteworld, LLC, No. 12-35205 (9th Cir. May 20, 2013). (Click here for copy of Continue Reading
Sprint recently filed a cert petition involving the Supreme Court’s Concepcion decision. Sprint v. Ayyad, No. 12-1358 (May 14, 2013). The case involves a class action pending in California state courts prior to Concepcion, and the plaintiffs, cell phone customers Continue Reading
In Raymond James Financial Services, Inc. v. Phillips, No. SC11–2513 (Fla. May 16, 2013) (click here for a copy of the opinion), the Florida Supreme Court addressed whether Florida’s statute of limitations applies to an arbitration proceeding. The court engaged Continue Reading
A California appellate court recently reversed a trial court’s denial of Macy’s motion to compel arbitration. Teimouri v. Macy’s, Inc., D060696 (Cal.App. 4 Dist. May 14, 2013). Click here for a copy of the decision. A Macy’s sales associate filed Continue Reading