An arbitration blog by Prof. Imre Szalai
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
Earlier today, the New Jersey Supreme Court held that an arbitration clause between an attorney and client was not enforceable because the attorney had failed to explain the advantages and disadvantages of arbitration to the client. The court reasoned that Continue Reading
Earlier today, I filed an amicus brief in the Henry Schein case pending before the Supreme Court. Click here for a copy of the brief: Henry Schein Amicus Brief. I drafted the brief with Philip J. Loree, Jr. and Richard Continue Reading
In Sutton v. David Stanley Chevrolet, No. 117587 (Okla. Oct. 13, 2020), the Oklahoma Supreme addressed an unusual fraud argument in the consumer context. (Click here for a copy of the opinion.) I’ve found that many states tend to have Continue Reading
In Mendez v. Loanme, Inc., No. 20-cv-00002 (S.D. Cal. Oct. 13, 2020), a case involving allegations of a predatory loan, the court addressed an interesting argument to avoid a delegation provision in the arbitration clause. The arbitration clause at issue Continue Reading