An arbitration blog by Prof. Imre Szalai
The federal district court for the Southern District of New York recently issued a thoughtful opinion analyzing whether the availability of class arbitration procedures is presumptively a question for a court or an arbitrator to decide (the “who decides” issue). Continue Reading
In U.S. ex rel. Paige v. BAE Systems Technology Solutions & Services, Inc., No. 13-2237 (6th Cir. May 22, 2014) (click here for a copy of the decision), the Sixth Circuit recently rejected the enforceability of an arbitration clause with Continue Reading
In Bellman v. I3Carbon, LLC, No. 12-1275 (10th Cir. May 29, 2014) (click here for a copy of the decision), two plaintiffs filed claims for securities fraud, based upon alleged misstatements and omissions made at the time of their investment Continue Reading
Because of the fictional separability of a delegation clause in an arbitration agreement, issues regarding the enforceability of an arbitration agreement can be delegated to an arbitrator under the reasoning of the Supreme Court’s decision in Rent–A–Center, West, Inc. v. Continue Reading
On April 24, 2014, FINRA’s board of governors found that Congress, through the Securities Exchange Act, gave registered securities associations such as FINRA the responsibility to regulate the brokerage industry, subject to oversight by the Securities & Exchange Commission. (Click Continue Reading
Yesterday, the district court for the Southern District of New York released its much-anticipated decision following a bench trial in Ross v. American Express, No. 04 Civ. 5723 (Apr. 10, 2014) (click here for a copy of the decision). In Continue Reading
Yesterday, the Tenth Circuit issued a must-read, thoughtful, well-written FAA opinion full of colorful language dealing with the right to a trial in connection with the making of an arbitration agreement. See Howard v. Ferrellgas Partners, No. 13-3061 (10th Cir. Continue Reading
The Federal Courts of Appeals have issued the following FAA opinions in recent days: 1) Aviles v. Russell Stover Candies, No. 12-11227 (5th Cir. Apr. 4, 2014) (click here for a copy of the decision) – As a result of Continue Reading
In Crawford Professional Drugs v. CVS Caremark Corporation, No. 12-60922 (5th Cir. Apr. 4, 2014) (click here for a copy of the decision), the Fifth Circuit issued a very thoughtful, well-written opinion overruling prior precedent regarding non-signatories and the enforcement Continue Reading
In Huffman v. The Hilltop Companies, No. 13-3938 (6th Cir. Mar. 27, 2014) (click here for a copy of the decision), the Sixth Circuit discussed an issue which it described as one of “first impression” among the federal appellate courts: Continue Reading