An arbitration blog by Prof. Imre Szalai
The National Arbitration Forum (NAF) ceased administering consumer arbitrations in 2009 after it settled a suit brought by the Minnesota Attorney General. However, as a recent Seventh Circuit opinion shows, parties continue to select the NAF in consumer arbitration agreements. Continue Reading
A recent appeal before the Fifth Circuit sheds light on certain aspects of unfairness in compelling arbitration of employment disputes. The case involves a former employee who is suing her former employer for age discrimination. Brief of Appellant, Phillips v. Continue Reading
The Ninth Circuit recently relied on Concepcion to preempt state law and vacate a lower court’s denial of a motion to compel arbitration. See Mortensen v. Bresnan Communications, No. 11-35823 (9th Cir. July 15, 2013). Click here to see a Continue Reading
Yesterday, the Third Circuit issued an important decision examining the availability of limited discovery and the standards courts should use in determining whether the parties entered into an agreement to arbitrate. Guidotti v. Legal Helpers Debt Resolution, LLC, No. 12-1170 Continue Reading
Earlier this month, an appeal was filed regarding a district court’s order compelling arbitration. Diggs v. Citigroup, Inc., No. 13-10138 (5th Cir. May 13, 2013). (Click on the following link to see a copy of the appellant’s brief: Diggs brief.) The Continue Reading
The Ninth Circuit recently affirmed a district court’s decision finding that a non-signatory, a defendant in a class action, cannot invoke an arbitration agreement. Rajagopalan v. Noteworld, LLC, No. 12-35205 (9th Cir. May 20, 2013). (Click here for copy of Continue Reading
The First Circuit recently issued a decision regarding competing federal and state actions to confirm and vacate an arbitration award. Bacardi Intern. Ltd. v. V. Suarez & Co., Inc., No. 12-1032 (1st Cir. May 8, 2013). Click here for a Continue Reading
In American Family Life Assurance Co. v. Biles, No. 12–60235 (5th Cir. Apr. 30, 2013) (click here for opinion), an individual purchased an accident insurance policy from Aflac, naming his mother and life partner as beneficiaries. After the purchaser died, Aflac Continue Reading
Town & Country Salida, Inc. v. Dealer Computer Services, Inc., No.12-1850 (6th Cir. Apr. 9, 2013) In an unpublished decision, the Sixth Circuit reviewed a district court’s order partially vacating an arbitration award involving a particular car dealership. This case Continue Reading
In Parisi v. Goldman, Sachs & Co., 710 F.3d 483 (2d Cir. 2013), the Second Circuit recently reversed a district court’s denial of a motion to compel arbitration. The plaintiff, a former managing director at Goldman, Sachs, brought a class Continue Reading