An arbitration blog by Prof. Imre Szalai
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
Earlier today, in a 2-to-1 decision giving a victory to employers, the Fifth Circuit reversed the NLRB’s finding that D.R. Horton had violated the National Labor Relations Act by requiring its employees to sign arbitration agreements with class action waivers. Continue Reading
In Oxford Health Plans LLC v. Sutter (2013), the Supreme Court mentioned in a footnote that it has “not yet decided whether the availability of class arbitration” is presumptively a gateway issue for a court to decide, or presumptively for Continue Reading
Earlier this week, the Ninth Circuit issued two rulings addressing FAA preemption. As explained below, the Ninth Circuit applied Concepcion to strike down a state law in one decision, but in the other decision, the Ninth Circuit issued a sensible Continue Reading