An arbitration blog by Prof. Imre Szalai
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
The Ninth Circuit recently enforced an arbitration clause in an employee handbook in connection with a civil rights dispute. Ashbey v. Archstone Property Management, No. 12-55912 (9th Cir. May 12, 2015) (click here for a copy of the decision). The Continue Reading
In this employment dispute regarding whether a limousine driver was misclassified as an independent contractor as opposed to an employee, the arbitrator bifurcated the proceedings in order to address liability and damage issues separately. The arbitrator first issued an interim Continue Reading
In this employment case, a former employee filed a Fair Labor Standards Act (FLSA) collective action against a pizza chain for an allegedly unlawful tip pooling arrangement. Conners v. Gusano’s Chicago Style Pizzeria, No. 14-1829 (8th Cir. Mar. 9, 2015) Continue Reading
In Pacheco v. PCM Construction, No. 14-10193 (5th Cir. Feb. 19, 2015) (click here for a copy of the decision), the plaintiff employees filed an overtime wages/FLSA lawsuit against their employer. The district court ordered the plaintiff employees to arbitrate Continue Reading
This multi-district litigation, which involves bank customers suing for overcharges with overdraft fees, is spawning several interesting arbitration decisions. In the latest appellate decision, In Re: Checking Account Overdraft Litigation, No. 13-12082 (11th Cir. Feb. 10, 2015) (click here for Continue Reading
In BNSF Railway Co. v. Alstom Transp., Inc., No. 13-11274 (5th Cir. Feb. 6, 2015) (click here for a copy of the decision), the Fifth Circuit issued some helpful guidance to lower courts in connection with judicial review of arbitration Continue Reading
In re Sussex, No. 14-70158 (9th Cir. Jan. 27, 2015) (click here for a copy of the decision) involved a district court that disqualified an arbitrator in an ongoing arbitration proceeding involving hundreds of claims brought by purchasers of condominium Continue Reading