An arbitration blog by Prof. Imre Szalai
In Goodwin v. Branch Banking & Trust Co, No. 17-1412 (4th Cir. Oct. 31, 2017) (click here for a copy of the decision), the Fourth Circuit issued a brief opinion discussing an inappropriate tactic sometimes used in litigating the enforceability Continue Reading
In Bobbie James v. Global TelLink Corp, No. 16-1555 (Mar. 29, 2017), the Third Circuit held that the defendant telecom company had failed to create a binding arbitration agreement (click here for a copy of the decision). As recognized by Continue Reading
In a humorous opinion (“Like makeup, Florida’s doctrine of equitable estoppel can only cover so much,”), the Eleventh Circuit addressed equitable estoppel in connection with a trademark dispute involving the Kardashian sisters and their cosmetic line. See Kroma Makeup EU, Continue Reading
The Third Circuit recently struck down an arbitration clause in the employment setting, finding that the employees at issue did not explicitly agree to arbitrate. See Scott v. Education Management Corporation, No. 15-2177 (3d Cir. Oct. 18, 2016) (click here Continue Reading
What happens if there is an arbitration agreement, but the claimant is unable to pay the costs of arbitration, while the other party is unwilling to front these costs? According to the Ninth Circuit, the plaintiff may now proceed with Continue Reading
In Lewis v. Epic Systems Corp., No. 15-2997 (7th Cir. May 26, 2016) (click here for a copy of the decision), the Seventh Circuit held that an arbitration clause violated the National Labor Relations Act (NLRA). The clause, which required employees Continue Reading
In Boardman v. Pacific Seafood Group, Nos. 15–35257, 15–35504 (9th Cir. May 3, 2016) (click here for a copy of the decision), the majority of a Ninth Circuit panel held that a dispute did not fall under the scope of Continue Reading
The Fifth Circuit recently issued a decision regarding how to assess subject matter jurisdiction in connection with the confirmation of an arbitrator’s award. See Pershing LLC v. Kiebach, No. 15–30396 (5th Cir. Apr. 6, 2016) (click here for a copy Continue Reading
In Dell Webb Communities, Inc. v. Carlson, No. 15-1385 (4th Cir. Mar. 28, 2016) (click here for a copy of the decision), the Fourth Circuit held that whether an arbitration agreement permits class proceedings is a gateway issue for courts Continue Reading
In a must-read decision for anyone creating an arbitration clause online in connection with internet commerce, the Seventh Circuit recently found that a website failed to give reasonable notice of contract terms, and as a result, the arbitration clause was Continue Reading