An arbitration blog by Prof. Imre Szalai
In a recent 2-to-1 split decision, a majority of a Ninth Circuit panel reversed a district court decision so that an arbitration clause in a contract for voice-over-internet-protocol service could be enforced. See Merkin v. Vonage America, Inc., No. 14-55397 Continue Reading
The Fourth Circuit struck down an arbitration clause in connection with an online payday loan scandal the Fourth Circuit characterized as clearly violating numerous state and federal lending laws. Hayes v. Delbert Services Corp., No. 15–1170 (4th Cir. Feb. 2, Continue Reading
In Nesbitt v. FCNH, Inc., No. 14-1502 (10th Cir. Jan. 5, 2016) (click here for a copy of the decision), plaintiff, a student at a massage therapy school, filed a collective action lawsuit alleging Fair Labor Standards Act (FLSA) wage Continue Reading
Today, the Supreme Court issued its decision in DirecTV v. Imburgia (click here for a copy of the decision). It is no surprise: the majority disdains arbitration decisions from California and views them as inherently questionable. Six Justices voted to Continue Reading
In Lorenzo v. Prime Communications, No. 14-1727 (4th Cir. Nov. 24, 2015) (click here for a copy of the decision), the Fourth Circuit allowed a Fair Labor Standards Act case to proceed against an employer in court and refused to 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
Today, October 7, 2015, the Consumer Financial Protection Bureau issued its proposals regarding arbitration agreements. Under these proposals, arbitration agreements in a contract for consumer financial products or services must explicitly state that the arbitration agreement does not apply to Continue Reading
Two bits of news today: First, the Supreme Court earlier today granted cert in connection with a 9th Circuit employment case dealing with Concepcion’s broad (and vague) preemption doctrine. Specifically, the case involves whether the FAA preempts a state rule Continue Reading
In a landmark 2-to-1 decision, the Ninth Circuit held that the Federal Arbitration Act does not preempt the California Supreme Court’s ruling in Iskanian, which held that waivers of the right to bring a representative action under California’s Private Attorneys 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