An arbitration blog by Prof. Imre Szalai
After three trips to the Second Circuit, and after almost ten years (yes, ten years!) of litigation and arbitration, the Second Circuit finally affirmed an arbitrator’s decision that a dispute cannot be arbitrated. The case of Emilio v. Sprint Spectrum Continue Reading
In Knutson v. Sirius XM Radio Inc., No. 12-56120 (9th Cir. Nov. 10, 2014) (click here for a copy of the decision), the Ninth Circuit held that Sirius could not enforce an arbitration clause used in connection with a free Continue Reading
In Inetianbor v. Cashcall, Inc., No. 13-13822 (11th Cir. Oct. 2, 2014) (click here for a copy of the decision), the Eleventh Circuit affirmed a district court’s order refusing to compel arbitration because the forum specified in the arbitration clause 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
In Elite Logistics Corp. v. Hanjin Shipping Co., No. 12-56238 (9th Cir. Sept. 19, 2014) (click here for a copy of the decision), a majority of a Ninth Circuit panel issued a brief decision finding an arbitration clause to be Continue Reading
In Kay v. The Minacs Group, Inc., No. 13-1974 (6th Cir. Sept. 5, 2014) (click here for a copy of the decision), the plaintiff employee filed an age discrimination suit against his employer, and the employer moved to dismiss the action Continue Reading
Shortly after several franchisees filed suit against the franchisor Steak n Shake regarding new pricing policies, Steak n Shake adopted an arbitration policy requiring franchisees to engage in “nonbinding arbitration” at Steak n Shake’s request. The Seventh Circuit, agreeing with Continue Reading
In a construction dispute, a mechanical contractor won an arbitration award against the project’s construction manager. The arbitration also involved third-party indemnification claims brought by other defendants against two other parties: an architect and designer, but the architect and designer Continue Reading
In Jackson v. Payday Financial, LLC, No. 12-2617 (7th Cir. Aug. 22, 2014) (click here to see a copy of the decision), the plaintiffs filed a lawsuit against various entities involved in payday lending, alleging violations of usury statutes. The Continue Reading
In Goldman, Sachs & Co. v. Golden Empire Schools Financing Authority, Nos. 13-797-cv, 13-2247-cv (2d Cir. Aug. 21, 2014) (click here for a copy of the decision), the Second Circuit found that a forum selection clause in a broker-dealer agreement Continue Reading