An arbitration blog by Prof. Imre Szalai
The Kentucky Supreme Court issued a preemption opinion yesterday that could have an impact on state bills being enacted in the wake of the #MeToo movement. The state statute at issue in this Kentucky case generally forbids an employer from Continue Reading
Like federal law, California state arbitration law generally recognizes the separability doctrine, whereby arbitration clauses are viewed as separate from the rest of a contract and not necessarily impacted by defects in the larger contract containing the arbitration clause. For Continue Reading
In Dish Network L.L.C. v. Ray, No. 17-1013 (10th Cir. Aug. 21, 2018) (click here for a copy of the decision), the Tenth Circuit addressed whether a court or arbitrator is the correct decision-maker to determine whether an arbitration clause Continue Reading
I wanted to share some new legal arguments that could be helpful to invalidate arbitration clauses containing harsh terms. I just published a new article that proposes what I believe is a novel way of looking at the Federal Arbitration Continue Reading
In Hernandez v. Acosta Tractors Inc., Nos. 17-13067, 17-13673 (11th Cir. Aug. 8, 2018) (click here for a copy of the decision), the Eleventh Circuit addressed an overtime wage dispute involving an unusual, turn-the-tables role reversal – where an employer Continue Reading
In Munro v. University of Southern California, No. 17-55550 (9th Cir. July 24, 2018) (click here for a copy of the decision), the Ninth Circuit held that claims for breach of fiduciary duty in the administration of ERISA plans are Continue Reading
There is a growing body of law analyzing the formation of online arbitration agreements, and the First Circuit’s recent opinion in Cullinane v. Uber Technologies, Inc., No. 16-2023 (1st Cir. June 25, 2018) (click here for a copy of the Continue Reading
In a good win for employees fighting against the tide to bring their claims in court, the Fifth Circuit reversed a lower court’s decision to compel arbitration because the employer had failed to sign the arbitration agreement. Huckaba v. Ref-Chem, Continue Reading
In Gamble v. New England Auto Finance, Inc., No. 17-15343 (11th Cir. May 31, 2018) (click here for a copy of the decision), the Eleventh Circuit affirmed the denial of a finance company’s motion to compel arbitration. After the consumer Continue Reading
The Supreme Court just issued its ruling in the much-anticipated arbitration cases, Epic Systems, Murphy Oil, and Ernst & Young (click here for the Supreme Court’s decision). These cases pitted the Federal Arbitration Act (which permits the judicial enforcement of Continue Reading