An arbitration blog by Prof. Imre Szalai
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
Stormy’s attorney just filed a motion for a trial under the FAA and for expedited discovery. (Here’s a copy of Stormy’s motion and a copy of Stormy’s legal brief). As for discovery, discovery regarding the making of an arbitration agreement is Continue Reading
The Seventh Circuit recently addressed whether a child could be bound by her parent’s arbitration agreement. See A.D. v. Credit One Bank, No. 17-1486 (7th Cir. Mar. 22, 2018) (click here for a copy of the decision). In this case, Continue Reading
Please disregard this post if you are tired of the arbitration fight being waged between Trump and Stormy Daniels. But if you are interested, I have received several questions the past few days about the obligation to arbitrate if a Continue Reading