An arbitration blog by Prof. Imre Szalai
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 a humorous opinion (“Like makeup, Florida’s doctrine of equitable estoppel can only cover so much,”), the Eleventh Circuit addressed equitable estoppel in connection with a trademark dispute involving the Kardashian sisters and their cosmetic line. See Kroma Makeup EU, 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
The Third Circuit recently struck down an arbitration clause in the employment setting, finding that the employees at issue did not explicitly agree to arbitrate. See Scott v. Education Management Corporation, No. 15-2177 (3d Cir. Oct. 18, 2016) (click here Continue Reading
Recently, the federal agency in charge of administering Medicare and Medicaid issued a final rule prohibiting the use of pre-dispute arbitration agreements in nursing homes. In the nursing home context, and in other contexts like consumer and employment settings, there 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
What happens if there is an arbitration agreement, but the claimant is unable to pay the costs of arbitration, while the other party is unwilling to front these costs? According to the Ninth Circuit, the plaintiff may now proceed with Continue Reading
In Lewis v. Epic Systems Corp., No. 15-2997 (7th Cir. May 26, 2016) (click here for a copy of the decision), the Seventh Circuit held that an arbitration clause violated the National Labor Relations Act (NLRA). The clause, which required employees Continue Reading