An arbitration blog by Prof. Imre Szalai
The Tenth Circuit recently interpreted the scope of an arbitration clause in a Chase bank account agreement, and in a divided opinion, the Tenth Circuit found that the customer’s claims, including racial discrimination claims, were covered by the arbitration clause. Continue Reading
Earlier this week, I attended oral argument in a Second Circuit appeal regarding the FAA’s transportation worker exemption. The case is called Silva v. Schmidt Baking Distribution, LLC, No. 24-2103, and the central legal issue in this case is whether Continue Reading
The Seventh Circuit recently issued an important decision authored by Judge Easterbrook regarding the transportation worker exemption of section 1 of the Federal Arbitration Act in connection with an employment dispute involving Amtrak. See Montoya v. National Railroad Passenger Corporation, Continue Reading
Recently, federal appellate courts have issued decisions clarifying the FAA’s transportation worker exemption. In Ortiz v. Randstad Inhouse Services, LLC, No. 23-55147 (9th Cir. Mar. 12, 2024) (click here for a copy of the decision), the Ninth Circuit relied on Continue Reading
California’s Assembly Bill 51 generally imposes criminal penalties on employers who require workers to sign arbitration agreements. The district court, on a motion for preliminary injunction, found that the Chamber of Commerce was likely to succeed on the merits of Continue Reading
Any time of year, you can find a battle in California about the enforceability of arbitration agreements. California Assembly Bill 51, which was enacted in late 2019, attempted to regulate or limit arbitration in the workplace, but AB 51 did Continue Reading
Last week, the Eleventh Circuit issued a notable opinion for anyone drafting an arbitration clause. Calderon v. Sixt Rent A Car, LLC, No. 20-10989 (11th Cir. July 14, 2021) (click here for a copy of the decision). The court’s close Continue Reading
I’ve previously blogged about the 9th Circuit’s Monster Energy opinion and the disclosure problems of JAMS arbitrators who also are part owners of JAMS here and here. Last week, the Ninth Circuit issued another opinion dealing with this JAMS disclosure 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
“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