An arbitration blog by Prof. Imre Szalai
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
Earlier this weekend, as expected, President Trump nominated Judge Amy Coney Barrett to replace Justice Ginsburg on the Supreme Court. During Judge Barrett’s short tenure on the Seventh Circuit, she wrote a few FAA opinions, and these opinions show that Continue Reading
The First Circuit recently issued an opinion concluding that “last-mile delivery workers who haul goods on the final legs of interstate journeys are transportation workers ‘engaged in … interstate commerce,’ regardless of whether the workers themselves physically cross state lines.” Continue Reading
In connection with an employment discrimination case, a federal court recently addressed and harshly rebuked what I have described as “double-dipping” JAMS arbitrators. Martin v. NTT Data, Inc. (E.D. Penn. June 23, 2020) (click here for a copy of the Continue Reading
“Arbitration agreements may be less fun than a night out with friends.” So said the Sixth Circuit in a recent case involving Domino’s Pizza. Blanton v. Domino’s Pizza Franchising LLC, No. 19-2388 (6th Cir. June 17, 2020) (click here for Continue Reading
Earlier today, the Supreme Court issued a unanimous decision in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC, No. 18-1048 (click here for a copy of the decision). The case involves the New York Convention and international Continue Reading
Earlier this week, a federal court unsealed some troubling documents that show how justice can sometimes be bought, sold, and negotiated for the benefit of stronger corporate parties. As described by the federal court, “these documents would be useful to Continue Reading