An arbitration blog by Prof. Imre Szalai
Yesterday, the Florida Supreme Court approved of an “eternal” arbitration clause that may perpetually bind successive owners of property. Sorry, I am a Marvel fan and think the recent Eternals movie is the most underrated in the MCU! The case Continue Reading
Earlier today, the New Jersey Supreme Court held that an arbitration clause between an attorney and client was not enforceable because the attorney had failed to explain the advantages and disadvantages of arbitration to the client. The court reasoned that Continue Reading
In Sutton v. David Stanley Chevrolet, No. 117587 (Okla. Oct. 13, 2020), the Oklahoma Supreme addressed an unusual fraud argument in the consumer context. (Click here for a copy of the opinion.) I’ve found that many states tend to have Continue Reading
I wanted to pass along to readers a recent decision. In this case, from New Jersey, the court invalidated an arbitration clause for violating generally-applicable ethics rules. The most common defense against arbitration agreements I tend to see involves unconscionability, Continue Reading
A Michigan appellate court recently found that a lawyer’s sexual harassment and assault of a paralegal and receptionist do not relate to employment with the firm. As a result, the paralegal’s and receptionist’s claims did not fall within the scope Continue Reading
Last week, the New Jersey Supreme Court issued an arbitration decision in Kernahan v. Home Warranty Administrator of Florida, Inc., No. A-15-17 (N.J. Jan. 10, 2019) (click here for a copy of the decision). In this case involving a home Continue Reading
In recent years, courts from the great state of the Boss (sorry, I’m a Springsteen fan!) have issued opinions that appear to be in tension with the pro-arbitration FAA principles coming from the US Supreme Court. For example, in 2014, Continue Reading
The Kentucky Supreme Court issued a preemption opinion yesterday that could have an impact on state bills being enacted in the wake of the #MeToo movement. The state statute at issue in this Kentucky case generally forbids an employer from Continue Reading
Like federal law, California state arbitration law generally recognizes the separability doctrine, whereby arbitration clauses are viewed as separate from the rest of a contract and not necessarily impacted by defects in the larger contract containing the arbitration clause. For Continue Reading
Adult film actress Stephanie Clifford just sued Donald Trump to declare that their purported Hush Agreement is invalid, and one of the relevant hush documents contains an arbitration clause. News reports indicate that Trump’s attorney (consigliere or fixer, a la Continue Reading