An arbitration blog by Prof. Imre Szalai
The Sixth Circuit recently issued a decision involving the contractual shortening of limitations periods for Title VII discrimination claims, and I am troubled by the decision and its special, favored treatment of arbitration agreements, which reminds me of Animal Farm. Continue Reading
Earlier this week, when I was trying to access Netflix on my television with my kids, Netflix would not allow me to view any shows unless I re-acknowledged its terms of service (I have been a Netflix customer for years.) Continue Reading
Earlier this week, on remand from the Supreme Court, the Fifth Circuit issued its decision in Archer & White Sales, Inc. v. Henry Schein, Inc., No. 16-41674 (5th Cir. Aug. 14, 2019) (click here for a copy of the decision). Continue Reading
When parties dispute whether a binding arbitration agreement exists, a court typically resolves these disputes using a summary judgment-like procedure. Courts sometimes permit limited discovery regarding the making of the arbitration agreement, and when deciding whether there is an agreement, Continue Reading
Earlier today, the Ninth Circuit issued its decision in Lambert v. Tesla, No. 18-15203, with a quote that “[w]e have become an arbitration nation.” (Click here for a copy of the decision.) In Tesla, the Ninth Circuit addressed the arbitrability Continue Reading
In a summary opinion involving a consumer’s class action lawsuit against Verizon Wireless, the Second Circuit recently held that private arbitration does not involve state action or trigger due process rights. Katz v. Cellco Partnership, No. 18-1436 (2d Cir. Mar. 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 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
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