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Category: federal district court decisions

Comcast’s Arbitration Agreement – Class action killer in Illinois

Posted on05/05/2013

A federal court in Illinois recently compelled arbitration of claims filed in federal court as part of a class action.  Bayer v. Comcast Cable Communications, No. 12 C 8618 (N.D. Ill. May 1, 2013).   In this case, you see Continue Reading

Categoriesfederal district court decisions

Recent case involving FAA circuit splits

Posted on05/04/2013

A federal district court in Hawaii recently issued an opinion raising fundamental questions regarding the Federal Arbitration Act.  A-1 A-Lectrician, Inc. v. Commonwealth Reit, Civ.No. 12–00607 (D. Haw. Apr. 26, 2103).  The parties involved sixteen small merchants who entered into Continue Reading

Categoriesfederal district court decisions

Discovery regarding Dell’s arbitration clauses

Posted on05/01/2013

Last week, a federal district court in New Jersey issued an interesting decision involving the fallout of NAF’s departure from consumer arbitration, and the case also involves interesting procedural issues in connection with the enforcement of an arbitration agreement.  Khan Continue Reading

Categoriesfederal district court decisions

Waiving Arbitration Rights

Posted on04/30/2013

Ontiveros v. Zamora, No. Civ. S–08–567 LKK/DAD (E.D. Cal. Apr. 25, 2013) This class action case involved an employment dispute regarding wages, and the employer delayed in asking the court to compel arbitration.  The employer first responded to the lawsuit Continue Reading

Categoriesfederal district court decisions

Unconscionable term in Applebee’s arbitration agreement

Posted on04/30/2013

In Dortch v. Quality Restaurant Concepts, LLC, NO. 1:12-CV-198 (E.D. Tenn. Apr. 26, 2013), an employee filed a discrimination lawsuit against his employer, Applebees.  The employer responded to the lawsuit by asking the court to enforce an arbitration agreement with Continue Reading

Categoriesfederal district court decisions

Strategic Considerations in Compelling Arbitration

Posted on04/30/2013

A federal court in West Virginia recently decided to abstain from hearing a petition to compel arbitration, and the case shows some potential pitfalls when trying to enforce an arbitration agreement.  In EQT Corp. v. Toney, No. 2:13–cv–02552 (S.D.W.Va. Apr. Continue Reading

Categoriesfederal district court decisions

FAA procedures – Florida federal district court case

Posted on04/29/2013

Suppose a plaintiff files a lawsuit against a defendant in federal court, and further suppose there is arguably an arbitration agreement binding the parties and precluding such a lawsuit.  Procedurally, if the defendant desires to seek enforcement of the arbitration Continue Reading

Categoriesfederal district court decisions

Tennessee Class Action Killer

Posted on04/28/2013

Last week, a federal district court in Tennessee enforced arbitration agreements and compelled named plaintiffs in a class action to arbitrate their claims individually.  The plaintiffs were students at medical technician programs, and their enrollment contracts contained an arbitration clause.   Continue Reading

Categoriesfederal district court decisions

enforceability of arbitration clause in employee handbook

Posted on04/26/2013

Domenichetti v. Salter School, LLC, Civil Action No. 12–11311–FDS (D. Mass. Apr. 19, 2013) Recently, a federal district court in Massachusetts denied an employer’s motion to compel arbitration of the plaintiff’s claims under the Family and Medical Leave Act.  This Continue Reading

Categoriesfederal district court decisions

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About Prof. Szalai

Prof. Imre Stephen Szalai is a commercial arbitrator and a leading authority in arbitration law. He maintains this blog about arbitration law developments, and he handles virtual and in-person arbitration hearings.

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