Category: federal district court decisions

On March 1, 2023, the federal district court for the Southern District of New York issued its decision on arbitration in the class action filed by former Dolphins coach Brian Flores and others against the NFL for racial discrimination.  Flores Continue Reading

Last week, the federal court for the Southern District of New York issued two important decisions interpreting the recently-enacted Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”), the most significant amendment to the FAA since Continue Reading

I would like to highlight for the arbitration community a recent vacatur decision.  A federal court vacated an award because the arbitrator denied the claimant’s discovery request.  Lindsey v. Travelers Com. Ins. Co., No. 219CV01855KJMCKD, 2022 WL 12071302 (E.D. Cal. Continue Reading

In Mendez v. Loanme, Inc., No. 20-cv-00002 (S.D. Cal. Oct. 13, 2020), a case involving allegations of a predatory loan, the court addressed an interesting argument to avoid a delegation provision in the arbitration clause.  The arbitration clause at issue Continue Reading

In connection with an employment discrimination case, a federal court recently addressed and harshly rebuked what I have described as “double-dipping” JAMS arbitrators. Martin v. NTT Data, Inc. (E.D. Penn. June 23, 2020) (click here for a copy of the Continue Reading

Earlier this week, a federal court unsealed some troubling documents that show how justice can sometimes be bought, sold, and negotiated for the benefit of stronger corporate parties.  As described by the federal court, “these documents would be useful to Continue Reading

Stormy’s attorney just filed a motion for a trial under the FAA and for expedited discovery.  (Here’s a copy of Stormy’s motion and a copy of Stormy’s legal brief). As for discovery, discovery regarding the making of an arbitration agreement is Continue Reading

Please disregard this post if you are tired of the arbitration fight being waged between Trump and Stormy Daniels.  But if you are interested, I have received several questions the past few days about the obligation to arbitrate if a Continue Reading

It was just reported that Donald’s shell company removed Stormy’s state court lawsuit to federal court earlier on Friday, with Donald consenting to the notice of removal.  The notice of removal (click here for a copy) indicates that the shell Continue Reading

I wanted to highlight a recent case involving a distinctive arbitration clause.  In Int’l Corrugated & Packing Supplies, Inc. v. Lear Corp., No. 15-CV-00405, 2018 WL 1041309 (Feb. 22, 2018), the corporate parties entered into an agreement for packaging materials Continue Reading