An arbitration blog by Prof. Imre Szalai
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
The Ninth Circuit recently issued a decision finding that the arbitration clause on Barnes & Noble’s (B&N) website was not binding on a plaintiff. Nguyen v. Barnes & Noble, Inc., No. 12-56628 (9th Cir. Aug. 18, 2014) (click here for Continue Reading
In Brown v. Brown-Thill, Nos. 13–1708, 13–1795, 13–1710, 13–1797 (8th Cir. Aug. 11, 2014) (click here for a copy of the decision), disputes arose between two co-trustees of a family trust, and the co-trustees had signed a broad arbitration agreement Continue Reading
The Tenth Circuit recently issued a decision addressing the scope of an arbitration clause in a poorly-drafted employment agreement. Normally, under contract law, ambiguities are construed against the drafter, who would be the employer in this case. However, because of Continue Reading