An arbitration blog by Prof. Imre Szalai
Last week, the New Jersey Supreme Court issued an arbitration decision in Kernahan v. Home Warranty Administrator of Florida, Inc., No. A-15-17 (N.J. Jan. 10, 2019) (click here for a copy of the decision). In this case involving a home Continue Reading
The Supreme Court just released its decision in Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1272 (Jan. 8, 2018) (click here for a copy of the decision). As to the narrow, technical legal issue in this case, Continue Reading
In a recent decision, McCormick v. America Online, No. 17-1542 (4th Cir. Nov. 29, 2018) (click here for a copy of the decision), the Fourth Circuit addressed how district courts should assess subject matter jurisdiction in connection with a petition Continue Reading
In a recent decision from the 11th Circuit, the court found that an arbitration agreement printed on the outside wrapper of a package of roofing shingles is fully enforceable if a consumer purchases, opens, and retains the product. Dye v. Continue Reading
In recent years, courts from the great state of the Boss (sorry, I’m a Springsteen fan!) have issued opinions that appear to be in tension with the pro-arbitration FAA principles coming from the US Supreme Court. For example, in 2014, Continue Reading
Last week, SCOTUS heard oral argument in the New Prime v. Oliveira case, the arbitration case involving the meaning or scope of the FAA’s section 1 exclusion for “contracts of employment” of transportation workers. (Disclosure: I participated as an amicus Continue Reading
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