An arbitration blog by Prof. Imre Szalai
Relying on the fiduciary duty in the attorney-client relationship as well as the policies of Maine’s legal ethics code, Maine’s highest court found that attorneys have a duty to explain and make sure a client understands the difference between litigation Continue Reading
The California Supreme Court recently issued a decision following its tradition of finding creative ways to avoid FAA preemption. The court’s analysis provides an interesting blueprint for other states to develop consumer and employee protection statutes that can avoid the Continue Reading
In King v. Bryant, No. 294PA14 (N.C. Jan. 27, 2017) (click here for a copy of the decision), the plaintiff sued his doctor for medical malpractice in connection with a hernia surgery. At the time of the plaintiff’s initial appointment, Continue Reading
In Sandquist v. Lebo Automotive, Inc., S220812 (Cal. Sup. Ct. July 28, 2016) (click here for a copy of the decision), the California Supreme Court, in a divided 4-3 opinion, addressed an important “who decides” problem in arbitration law: who Continue Reading
In Baltazar v. Forever 21, Inc., No S208345 (Cal. Mar. 28, 2016) (click here for a copy of the decision), the California Supreme Court found that an arbitration agreement in an employment application was not substantively unconscionable. I expect this Continue Reading
The Kentucky Supreme Court recently addressed arbitration agreements in the nursing home context. See Extendicare Homes, Inc. v. Whisman, 2013-SC-000426 (Ky. Sept. 24, 2015) (click here for a copy of the decision). The court made two key points in its Continue Reading
Earlier today, the California Supreme Court issued its decision in Sanchez v. Valencia Holding Company, LLC, No. S199119 (Cal. Aug. 3, 2015) (click here for a copy of the decision), which involves an arbitration clause in an automobile sales contract. Continue Reading
As readers of this blog could probably guess, I am not a big fan of the Supreme Court’s decision in Rent–A–Center, West, Inc. v. Jackson, 561 U.S. 63 (2010), where the Supreme Court gave its blessings to delegation clauses in Continue Reading
Concepcion’s “purposes-and-objectives” FAA preemption test continues to cause conflicting lower court decisions. Some states find that a lack of mutuality in an arbitration agreement (whereby one party reserves the right to go to court for some or all claims, while Continue Reading
In Atalese v. U.S. Legal Services Group, LP, No. A-64-12 (N.J. Sept. 23, 2014) (click here to see a copy of the decision), the New Jersey Supreme Court found a consumer arbitration clause was not enforceable because the clause did Continue Reading