An arbitration blog by Prof. Imre Szalai
A federal district court in Hawaii recently issued an opinion raising fundamental questions regarding the Federal Arbitration Act. A-1 A-Lectrician, Inc. v. Commonwealth Reit, Civ.No. 12–00607 (D. Haw. Apr. 26, 2103). The parties involved sixteen small merchants who entered into Continue Reading
A cert petition was filed earlier this week in connection with an Indiana Supreme Court case. National Wine & Spirits, Inc. v. Ernst & Young, LLP, No. 12-1305 (U.S. Apr. 29, 2013). This case involves an alcohol distributor that hired Continue Reading
A federal court in Oklahoma recently enforced an arbitration agreement entered into electronically through a hiring kiosk at JC Penney. Gonzales v. JC Penney Corp, No. 13–CV–86–GKF–TLW (N.D. Okl. Apr. 29, 2013). An employee sued JC Penney in state court Continue Reading
In American Family Life Assurance Co. v. Biles, No. 12–60235 (5th Cir. Apr. 30, 2013) (click here for opinion), an individual purchased an accident insurance policy from Aflac, naming his mother and life partner as beneficiaries. After the purchaser died, Aflac Continue Reading
In McFarland v. Almond Board of California, No. 2:12–CV–02778–JAM–CKD (E.D. Cal. Apr. 25, 2013), a federal court found an employment arbitration agreement unconscionable because the employer retained the right to modify the agreement unilaterally and because the arbitration agreement permitted Continue Reading
Last week, a federal district court in New Jersey issued an interesting decision involving the fallout of NAF’s departure from consumer arbitration, and the case also involves interesting procedural issues in connection with the enforcement of an arbitration agreement. Khan Continue Reading
Ontiveros v. Zamora, No. Civ. S–08–567 LKK/DAD (E.D. Cal. Apr. 25, 2013) This class action case involved an employment dispute regarding wages, and the employer delayed in asking the court to compel arbitration. The employer first responded to the lawsuit Continue Reading
In Dortch v. Quality Restaurant Concepts, LLC, NO. 1:12-CV-198 (E.D. Tenn. Apr. 26, 2013), an employee filed a discrimination lawsuit against his employer, Applebees. The employer responded to the lawsuit by asking the court to enforce an arbitration agreement with Continue Reading
A federal court in West Virginia recently decided to abstain from hearing a petition to compel arbitration, and the case shows some potential pitfalls when trying to enforce an arbitration agreement. In EQT Corp. v. Toney, No. 2:13–cv–02552 (S.D.W.Va. Apr. Continue Reading
Suppose a plaintiff files a lawsuit against a defendant in federal court, and further suppose there is arguably an arbitration agreement binding the parties and precluding such a lawsuit. Procedurally, if the defendant desires to seek enforcement of the arbitration Continue Reading