An arbitration blog by Prof. Imre Szalai
The Ninth Circuit recently issued a decision finding that the arbitration clause on Barnes & Noble’s (B&N) website was not binding on a plaintiff. Nguyen v. Barnes & Noble, Inc., No. 12-56628 (9th Cir. Aug. 18, 2014) (click here for Continue Reading
In Brown v. Brown-Thill, Nos. 13–1708, 13–1795, 13–1710, 13–1797 (8th Cir. Aug. 11, 2014) (click here for a copy of the decision), disputes arose between two co-trustees of a family trust, and the co-trustees had signed a broad arbitration agreement Continue Reading
The Tenth Circuit recently issued a decision addressing the scope of an arbitration clause in a poorly-drafted employment agreement. Normally, under contract law, ambiguities are construed against the drafter, who would be the employer in this case. However, because of Continue Reading
Class Arbitration: Last week, the Third Circuit joined the Sixth Circuit and issued an important decision holding that whether an arbitration agreement provides for class arbitration is presumptively an issue for a court, not an arbitrator, to decide, unless the Continue Reading
In its 2010 decision Rent-a-Center v. Jackson, the Supreme Court gave its blessing to the use of broad delegation clauses within arbitration agreements, whereby the parties agree to submit or delegate arbitrability questions to the arbitrator, such as whether the Continue Reading
This multi-district litigation, which involves bank customers suing for overcharges with overdraft fees, is spawning several arbitration decisions. The arbitration agreement in this case contained a delegation clause permitting the arbitrator to resolve any issue regarding the “validity, enforceability, or Continue Reading
In U.S. ex rel. Paige v. BAE Systems Technology Solutions & Services, Inc., No. 13-2237 (6th Cir. May 22, 2014) (click here for a copy of the decision), the Sixth Circuit recently rejected the enforceability of an arbitration clause with Continue Reading
In Bellman v. I3Carbon, LLC, No. 12-1275 (10th Cir. May 29, 2014) (click here for a copy of the decision), two plaintiffs filed claims for securities fraud, based upon alleged misstatements and omissions made at the time of their investment Continue Reading
Yesterday, the Tenth Circuit issued a must-read, thoughtful, well-written FAA opinion full of colorful language dealing with the right to a trial in connection with the making of an arbitration agreement. See Howard v. Ferrellgas Partners, No. 13-3061 (10th Cir. Continue Reading
The Federal Courts of Appeals have issued the following FAA opinions in recent days: 1) Aviles v. Russell Stover Candies, No. 12-11227 (5th Cir. Apr. 4, 2014) (click here for a copy of the decision) – As a result of Continue Reading