An arbitration blog by Prof. Imre Szalai
In Crawford Professional Drugs v. CVS Caremark Corporation, No. 12-60922 (5th Cir. Apr. 4, 2014) (click here for a copy of the decision), the Fifth Circuit issued a very thoughtful, well-written opinion overruling prior precedent regarding non-signatories and the enforcement Continue Reading
In Huffman v. The Hilltop Companies, No. 13-3938 (6th Cir. Mar. 27, 2014) (click here for a copy of the decision), the Sixth Circuit discussed an issue which it described as one of “first impression” among the federal appellate courts: Continue Reading
The Eleventh Circuit recently issued an opinion refusing to enforce arbitration agreements in connection with a Fair Labor Standards Act (FLSA) collective action. The basis for refusing to enforce the agreements was unusual for Federal Arbitration Act (FAA) cases: the Continue Reading
The Eleventh Circuit recently held that an arbitration agreement containing a waiver of an employee’s right to bring a collective action under the Fair Labor Standards Act is fully enforceable under the Federal Arbitration Act (FAA). Walthour v. Chipio Windshield Continue Reading
Earlier this week, the Eleventh Circuit upheld a district court’s denial of a bank’s motion to compel arbitration. Dasher v. RBC Bank, No. 13-10257 (11th Cir. Feb. 10, 2014) (click here to see a copy of the decision). The underlying Continue Reading
In THI of New Mexico v. Patton, No. 13-202 (10th Cir. Jan. 28, 2014) (click here for a copy of the decision), the plaintiff, on behalf of her deceased husband’s estate, sued a nursing home for negligence and misrepresentation. The Continue Reading
Section 16 of the FAA discusses when a party may appeal a district court order regarding arbitration. For example, appeals are allowed for orders denying a section 4 petition to compel arbitration and orders refusing to stay a court action Continue Reading
The Ninth Circuit recently examined a question of first impression: whether a non-appealability clause in an arbitration agreement that eliminates all federal court review of arbitration awards is enforceable? The agreement at issue provided for “binding, non-appealable arbitration,” and the Ninth Continue Reading
Earlier today, in a 2-to-1 decision giving a victory to employers, the Fifth Circuit reversed the NLRB’s finding that D.R. Horton had violated the National Labor Relations Act by requiring its employees to sign arbitration agreements with class action waivers. Continue Reading
In Oxford Health Plans LLC v. Sutter (2013), the Supreme Court mentioned in a footnote that it has “not yet decided whether the availability of class arbitration” is presumptively a gateway issue for a court to decide, or presumptively for Continue Reading