An arbitration blog by Prof. Imre Szalai
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
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