An arbitration blog by Prof. Imre Szalai
Earlier today, the Supreme Court issued its decision in American Express v. Italian Colors Restaurant, a 5-3 decision, with Justice Sotomayor taking no part in the consideration of the case. (Click here for a copy of the decision.) The case Continue Reading
The Massachusetts Supreme Court recently issued two important opinions dealing with the enforceability of class waivers in arbitration agreements: Feeney v. Dell, SJC-11133 (Mass. June 12, 2013) (click here for a copy of the opinion), and Machado v. System4, LLC, Continue Reading
The Supreme Court granted cert today in another arbitration case, BG Group v. Argentina. The issue presented in this case is the following: In disputes involving a multi-staged dispute resolution process, does a court or instead the arbitrator determine whether Continue Reading
Earlier today, the Supreme Court issued its decision in Oxford Health Plans v. Sutter. (Click here for a copy of the decision.) The case involved a “silent” arbitration clause, i.e., one without a class action waiver. The parties agreed that Continue Reading
A California appellate court recently found an arbitration clause in an automobile retail installment contract to be unconscionable and unenforceable. Vargas v. Sai Monrovia B, Inc., No. B237257 (Cal. App. 2nd Dist. June 4, 2013). (Click here for a copy Continue Reading
A federal court in Illinois recently granted defendant Pizza Hut’s motion to compel arbitration of an employment dispute, and this opinion discusses two different issues where courts are divided. Chatman v. Pizza Hut, No. 12 C 10209 (N.D. Ill. May Continue Reading
Yesterday, the Third Circuit issued an important decision examining the availability of limited discovery and the standards courts should use in determining whether the parties entered into an agreement to arbitrate. Guidotti v. Legal Helpers Debt Resolution, LLC, No. 12-1170 Continue Reading
In Smith v. Servicemaster Holding Co., No. 2:11–cv–02943 (W.D. Tenn. May 21, 2013), the plaintiffs filed a collective action in federal court alleging that the defendant employers had violated the Fair Labor Standards Act, and the federal court granted the Continue Reading
As I mentioned in an earlier post, I am concerned that the current version of the proposed Arbitration Fairness Act of 2013, S. 878 and H.R. 1844, will lead to wasteful litigation regarding its applicability in state courts. From its Continue Reading
The Dodd-Frank Act Wall Street Reform Act of 2010 authorized the SEC to restrict the use of pre-dispute arbitration agreements in the securities industry. Reuters recently reported that at a conference earlier this week, SEC commissioner Elisse Walter mentioned the Continue Reading