An arbitration blog by Prof. Imre Szalai
In Robinson v. J&K Administrative Management Services, No. 15-10360 (5th Cir. Mar. 17, 2016) (click here for a copy of the decision), the Fifth Circuit recently addressed an important “who decides” problem in arbitration law: who decides whether class arbitration Continue Reading
In Nelson v. Watch House Int’l, LLC, No. 15-10531 (5th Cir. Mar. 2, 2016) (click here for a copy of the decision), the Fifth Circuit struck down an arbitration agreement in an employee handbook. Applying Texas law, the Fifth Circuit Continue Reading
In a recent 2-to-1 split decision, a majority of a Ninth Circuit panel reversed a district court decision so that an arbitration clause in a contract for voice-over-internet-protocol service could be enforced. See Merkin v. Vonage America, Inc., No. 14-55397 Continue Reading
The Fourth Circuit struck down an arbitration clause in connection with an online payday loan scandal the Fourth Circuit characterized as clearly violating numerous state and federal lending laws. Hayes v. Delbert Services Corp., No. 15–1170 (4th Cir. Feb. 2, Continue Reading
In Nesbitt v. FCNH, Inc., No. 14-1502 (10th Cir. Jan. 5, 2016) (click here for a copy of the decision), plaintiff, a student at a massage therapy school, filed a collective action lawsuit alleging Fair Labor Standards Act (FLSA) wage Continue Reading
In Lorenzo v. Prime Communications, No. 14-1727 (4th Cir. Nov. 24, 2015) (click here for a copy of the decision), the Fourth Circuit allowed a Fair Labor Standards Act case to proceed against an employer in court and refused to Continue Reading
Two bits of news today: First, the Supreme Court earlier today granted cert in connection with a 9th Circuit employment case dealing with Concepcion’s broad (and vague) preemption doctrine. Specifically, the case involves whether the FAA preempts a state rule Continue Reading
In a landmark 2-to-1 decision, the Ninth Circuit held that the Federal Arbitration Act does not preempt the California Supreme Court’s ruling in Iskanian, which held that waivers of the right to bring a representative action under California’s Private Attorneys Continue Reading
The Second Circuit recently addressed a procedural issue regarding the Federal Arbitration Act: if a court finds that all claims in a lawsuit are subject to arbitration, does the court have discretion to dismiss the lawsuit, or must the court Continue Reading
The Tenth Circuit issued an opinion with a good discussion of the multiple factors used to determine whether a party waived its right to arbitrate under the Federal Arbitration Act. In re Cox Enterprises, Inc. Settop Cable Television Box Antitrust Continue Reading