An arbitration blog by Prof. Imre Szalai
A recent decision involving the Uber ride-sharing app demonstrates an important principle in arbitration law. A party may have a well-drafted arbitration agreement, and the terms of the agreement may be appropriate. However, if the agreement is not implemented properly, Continue Reading
In Rent-A-Center v. Jackson (2010), the Supreme Court gave its blessing to “delegation clauses,” whereby the parties agree to arbitrate whether they agreed to arbitrate. (I suppose if you were really paranoid about making sure a case would be sent Continue Reading
Nursing home trade associations had filed a lawsuit in Mississippi federal court a few weeks ago, asking the court to invalidate a federal agency rule that would have banned the use of arbitration clauses in nursing homes. (See my prior Continue Reading
In Youssofi v. Credit One Financial, No. 15-CV-1764-AJB-RBB (S.D. Cal. Oct. 28, 2016), a federal district court granted the plaintiff’s motion to certify for immediate, interlocutory appeal whether application of the FAA, without a heightened, knowing, voluntary waiver standard, violates the Continue Reading
Over the last few decades, in cases like Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. (1985), the Supreme Court has created a strong presumption that statutory claims are generally covered by the Federal Arbitration Act and subject to arbitration. (But Continue Reading
In connection with a Fair Labor Standards Act (FLSA) collective action filed by an exotic dancer for unpaid wages, a federal district court recently found that an arbitration agreement between the dancer and defendant nightclub was unconscionable. Herzfeld v. 1416 Continue Reading
In an employment dispute involving exotic dancers suing their former employer, a federal magistrate judge recently found the arbitration agreements to be unconscionable and unenforceable. Roe v. SFBSC Management, No. 14-cv-03616-LB (N.D. Cal. Mar. 2, 2015) (click here for a Continue Reading
A federal judge from the S.D.N.Y. recently held that Citibank’s arbitration clauses in connection with checking and savings accounts were unenforceable. See Hirsch v. Citibank, N.A., No. 12-CIV-1124 (S.D.N.Y. June 10, 2014) (click here for a copy of the decision). The Continue Reading
The federal district court for the Southern District of New York recently issued a thoughtful opinion analyzing whether the availability of class arbitration procedures is presumptively a question for a court or an arbitrator to decide (the “who decides” issue). Continue Reading
Yesterday, the district court for the Southern District of New York released its much-anticipated decision following a bench trial in Ross v. American Express, No. 04 Civ. 5723 (Apr. 10, 2014) (click here for a copy of the decision). In Continue Reading