An arbitration blog by Prof. Imre Szalai
In Mendez v. Loanme, Inc., No. 20-cv-00002 (S.D. Cal. Oct. 13, 2020), a case involving allegations of a predatory loan, the court addressed an interesting argument to avoid a delegation provision in the arbitration clause. The arbitration clause at issue Continue Reading
Earlier this weekend, as expected, President Trump nominated Judge Amy Coney Barrett to replace Justice Ginsburg on the Supreme Court. During Judge Barrett’s short tenure on the Seventh Circuit, she wrote a few FAA opinions, and these opinions show that Continue Reading
The First Circuit recently issued an opinion concluding that “last-mile delivery workers who haul goods on the final legs of interstate journeys are transportation workers ‘engaged in … interstate commerce,’ regardless of whether the workers themselves physically cross state lines.” Continue Reading
In connection with an employment discrimination case, a federal court recently addressed and harshly rebuked what I have described as “double-dipping” JAMS arbitrators. Martin v. NTT Data, Inc. (E.D. Penn. June 23, 2020) (click here for a copy of the Continue Reading
“Arbitration agreements may be less fun than a night out with friends.” So said the Sixth Circuit in a recent case involving Domino’s Pizza. Blanton v. Domino’s Pizza Franchising LLC, No. 19-2388 (6th Cir. June 17, 2020) (click here for Continue Reading
Earlier today, the Supreme Court issued a unanimous decision in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC, No. 18-1048 (click here for a copy of the decision). The case involves the New York Convention and international Continue Reading
Earlier this week, a federal court unsealed some troubling documents that show how justice can sometimes be bought, sold, and negotiated for the benefit of stronger corporate parties. As described by the federal court, “these documents would be useful to Continue Reading
More than a decade ago, female employees of Sterling Jewelers, Inc. (“Sterling”), a nationwide specialty jeweler, filed a class action alleging that Sterling discriminated against them in pay and promotion. Since that time, the dispute has been tied up with Continue Reading
In Monster Energy Co v. City Beverages (9th Cir. Oct. 22, 2019) (click here for a copy of the decision), the Ninth Circuit, in a 2-1 decision, held that an arbitrator’s award should be vacated for lack of proper disclosure Continue Reading
The Sixth Circuit recently issued a decision involving the contractual shortening of limitations periods for Title VII discrimination claims, and I am troubled by the decision and its special, favored treatment of arbitration agreements, which reminds me of Animal Farm. Continue Reading