An arbitration blog by Prof. Imre Szalai
A federal court in Mississippi recently compelled arbitration of negligence claims against a defendant nursing home. Myers v. GGNSC Holdings, LLC, No. 2:11CV133-B-A (N.D. Miss. May 8, 2013) (Click here to see copy of opinion). The injured plaintiff’s son had Continue Reading
MRI Scan Center, LLC v. National Imaging Associates, NO. 13-60051-CIV (S.D.Fla. May 7, 2013). This case involves disputes between an MRI imaging center and various defendant health insurance companies and third-party administrators. One defendant asked the court to enforce an Continue Reading
In a recent employment case, a federal court compelled arbitration of the former employee’s claims, and this case raises some strategic considerations when seeking enforcement of an arbitration clause. Skrynnikov v. Federal Nat. Mortg. Ass’n, No. 11–0609 (D.D.C. May 8, Continue Reading
A Florida state lower court refused to enforce an arbitration clause in a nursing home agreement because the clause provided for arbitration before the National Arbitration Forum (NAF), and the NAF had ceased handling consumer arbitrations. However, a Florida appellate Continue Reading
As I mentioned in an earlier post, the Arbitration Fairness Act of 2013 (AFA) was introduced in the House and Senate on May 7, 2013. I want to address a potential ambiguity or problem with the bill that should be Continue Reading
It is common to hear that arbitration can be just as costly and expensive as litigation. A recent court opinion shows how acrimonious, expensive, time-consuming, and burdensome arbitration can be. Also, arbitration is often valued for its confidentiality, but when Continue Reading
Earlier today, an appellate court in Mississippi reversed a finding of unconscionability in connection with arbitration provisions in agreements between consumers and a check-cashing business. Caplin Enterprises v. Arrington, No. 2011-CA-01332-COA (Court of Appeals of Mississippi May 7, 2013). (Click Continue Reading
On May 7, 2013, the Arbitration Fairness Act of 2013 was introduced in the House (H.R. 1844) and Senate (S. 878). Click here to see a press release and video from Rep. Hank Johnson. Below is a short summary of the bill, from Continue Reading
Last week, a party filed an opposition brief to a cert petition in a case revealing an interesting dynamic between state and federal arbitration law. Limited Liability Co. v. Doe, No. 12-855 (U.S. Apr. 30, 2013). This case involves an Continue Reading
The Texas Supreme Court recently held that a trust’s arbitration provision was enforceable. See Rachal v. Reitz, No. 11–0708 (Tex. May 3, 2013) (click here for opinion). In this case, a beneficiary sued a trustee for allegedly misappropriating trust assets, Continue Reading