An arbitration blog by Prof. Imre Szalai
The Eleventh Circuit recently held that an arbitration agreement containing a waiver of an employee’s right to bring a collective action under the Fair Labor Standards Act is fully enforceable under the Federal Arbitration Act (FAA). Walthour v. Chipio Windshield Continue Reading
I’m a Federal Arbitration Act (FAA) procedural junkie, and I found an interesting opinion from a federal district court in Washington discussing the appealability of FAA orders. In Peters v. Amazon Services, No. C13-480, 2013 WL 7872692 (W.D. Wash. Nov. Continue Reading
Courts have reached conflicting results regarding the enforceability of an arbitration clause in a trust document. For example, last year, the Texas Supreme Court held that a beneficiary was bound to an arbitration clause in a trust document (click here Continue Reading
The Supreme Court issued its decision earlier today in BG Group plc v. Republic of Argentina, No. 12-138 (click here for a copy of the decision; click here to see my prior blog post regarding the Supreme Court’s grant of Continue Reading
In an earlier post from last year, I noted that an employer had filed a cert petition in October 2013 asking the U.S. Supreme Court to find that the Federal Arbitration Act preempts California’s Gentry rule. This case is called Continue Reading
Earlier this week, the Eleventh Circuit upheld a district court’s denial of a bank’s motion to compel arbitration. Dasher v. RBC Bank, No. 13-10257 (11th Cir. Feb. 10, 2014) (click here to see a copy of the decision). The underlying Continue Reading
In THI of New Mexico v. Patton, No. 13-202 (10th Cir. Jan. 28, 2014) (click here for a copy of the decision), the plaintiff, on behalf of her deceased husband’s estate, sued a nursing home for negligence and misrepresentation. The Continue Reading
Section 16 of the FAA discusses when a party may appeal a district court order regarding arbitration. For example, appeals are allowed for orders denying a section 4 petition to compel arbitration and orders refusing to stay a court action Continue Reading
The Ninth Circuit recently examined a question of first impression: whether a non-appealability clause in an arbitration agreement that eliminates all federal court review of arbitration awards is enforceable? The agreement at issue provided for “binding, non-appealable arbitration,” and the Ninth Continue Reading
Earlier today, the Consumer Financial Protection Bureau released a preliminary report regarding its study of pre-dispute arbitration agreements in the consumer financial services and products industries. The Dodd-Frank Act instructed the Bureau to engage in this study. Click here for Continue Reading