An arbitration blog by Prof. Imre Szalai
Earlier today, the Supreme Court issued its decision in Badgerow v. Walters, No. 20-1143 (U.S. March 24, 2022) (click here for a copy of the decision). The Court rejected a uniform theory of jurisdiction for FAA proceedings. The “look-through” jurisdictional Continue Reading
Several news outlets this morning are reporting that President Biden will be nominating Judge Ketanji Brown Jackson to serve on the Supreme Court. I’ve reviewed Judge Jackson’s opinions involving the Federal Arbitration Act (FAA), and I am impressed. She thoroughly Continue Reading
The Senate, with bipartisan support, just passed a bill invalidating predispute arbitration agreements with respect to sexual harassment and sexual assault claims. The House of Representatives passed the bill earlier this week, and President Biden is expected to sign the Continue Reading
Yesterday, the Florida Supreme Court approved of an “eternal” arbitration clause that may perpetually bind successive owners of property. Sorry, I am a Marvel fan and think the recent Eternals movie is the most underrated in the MCU! The case Continue Reading
Any time of year, you can find a battle in California about the enforceability of arbitration agreements. California Assembly Bill 51, which was enacted in late 2019, attempted to regulate or limit arbitration in the workplace, but AB 51 did Continue Reading
Last week, the Eleventh Circuit issued a notable opinion for anyone drafting an arbitration clause. Calderon v. Sixt Rent A Car, LLC, No. 20-10989 (11th Cir. July 14, 2021) (click here for a copy of the decision). The court’s close Continue Reading
I’ve previously blogged about the 9th Circuit’s Monster Energy opinion and the disclosure problems of JAMS arbitrators who also are part owners of JAMS here and here. Last week, the Ninth Circuit issued another opinion dealing with this JAMS disclosure Continue Reading
The Supreme Court just granted cert this morning to address the following issue:Whether federal courts have subject-matter jurisdiction to confirm or vacate an arbitration award under Sections 9 and 10 of the Federal Arbitration Act when the only basis for Continue Reading
Earlier today, Facebook’s Oversight Board issued its decision regarding Donald Trump’s suspension from Facebook arising from his postings about the US Capitol riots. The Board found that Trump’s postings violated Facebook’s Community Standards and Instagram’s Community Guidelines. The Board also Continue Reading
The Supreme Court issued an order earlier today in the Henry Schein v. Archer & White arbitrability case, dismissing the writ of certiorari as improvidently granted (“DIG”). In this case, the Court had granted cert on the following issue:Whether a Continue Reading