An arbitration blog by Prof. Imre Szalai
The Sixth Circuit recently issued a decision involving the contractual shortening of limitations periods for Title VII discrimination claims, and I am troubled by the decision and its special, favored treatment of arbitration agreements, which reminds me of Animal Farm. Continue Reading
Earlier this week, when I was trying to access Netflix on my television with my kids, Netflix would not allow me to view any shows unless I re-acknowledged its terms of service (I have been a Netflix customer for years.) Continue Reading
I wanted to pass along to readers a recent decision. In this case, from New Jersey, the court invalidated an arbitration clause for violating generally-applicable ethics rules. The most common defense against arbitration agreements I tend to see involves unconscionability, Continue Reading
Earlier this week, on remand from the Supreme Court, the Fifth Circuit issued its decision in Archer & White Sales, Inc. v. Henry Schein, Inc., No. 16-41674 (5th Cir. Aug. 14, 2019) (click here for a copy of the decision). Continue Reading
When parties dispute whether a binding arbitration agreement exists, a court typically resolves these disputes using a summary judgment-like procedure. Courts sometimes permit limited discovery regarding the making of the arbitration agreement, and when deciding whether there is an agreement, Continue Reading
Earlier today, the Ninth Circuit issued its decision in Lambert v. Tesla, No. 18-15203, with a quote that “[w]e have become an arbitration nation.” (Click here for a copy of the decision.) In Tesla, the Ninth Circuit addressed the arbitrability Continue Reading
The Supreme Court released its opinion earlier today in Lamps Plus, Inc. v. Varela, No. 17-988 (click here for a copy of the decision). This employment class action case involved a data breach of tax information for about 1,300 employees. Continue Reading
A Michigan appellate court recently found that a lawyer’s sexual harassment and assault of a paralegal and receptionist do not relate to employment with the firm. As a result, the paralegal’s and receptionist’s claims did not fall within the scope Continue Reading
In a summary opinion involving a consumer’s class action lawsuit against Verizon Wireless, the Second Circuit recently held that private arbitration does not involve state action or trigger due process rights. Katz v. Cellco Partnership, No. 18-1436 (2d Cir. Mar. Continue Reading
I just published a new study about the prevalence of consumer arbitration agreements: https://lawreview.law.ucdavis.edu/online/vol52/52-online-Szalai.pdf. Because of the expansive, permissive (and in many respects, flawed) legal framework for arbitration created by the Supreme Court, together with the ease of generating contracts through Continue Reading