An arbitration blog by Prof. Imre Szalai
In a summary opinion involving a consumer’s class action lawsuit against Verizon Wireless, the Second Circuit recently held that private arbitration does not involve state action or trigger due process rights. Katz v. Cellco Partnership, No. 18-1436 (2d Cir. Mar. Continue Reading
I just published a new study about the prevalence of consumer arbitration agreements: https://lawreview.law.ucdavis.edu/online/vol52/52-online-Szalai.pdf. Because of the expansive, permissive (and in many respects, flawed) legal framework for arbitration created by the Supreme Court, together with the ease of generating contracts through Continue Reading
The University of Missouri School of Law is hosting an online, mini-symposium about the Supreme Court’s New Prime decision (click here to visit the symposium’s webpage), with contributions from scholars and arbitrators. I wrote a short piece for the symposium, Continue Reading
The Supreme Court just released its decision in New Prime v. Oliveira (click here for a copy of the decision), and as I predicted after oral argument, this case is a win for workers. I believe this is the first Continue Reading
Last week, the New Jersey Supreme Court issued an arbitration decision in Kernahan v. Home Warranty Administrator of Florida, Inc., No. A-15-17 (N.J. Jan. 10, 2019) (click here for a copy of the decision). In this case involving a home Continue Reading
The Supreme Court just released its decision in Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1272 (Jan. 8, 2018) (click here for a copy of the decision). As to the narrow, technical legal issue in this case, Continue Reading
In a recent decision, McCormick v. America Online, No. 17-1542 (4th Cir. Nov. 29, 2018) (click here for a copy of the decision), the Fourth Circuit addressed how district courts should assess subject matter jurisdiction in connection with a petition Continue Reading
In a recent decision from the 11th Circuit, the court found that an arbitration agreement printed on the outside wrapper of a package of roofing shingles is fully enforceable if a consumer purchases, opens, and retains the product. Dye v. Continue Reading
In recent years, courts from the great state of the Boss (sorry, I’m a Springsteen fan!) have issued opinions that appear to be in tension with the pro-arbitration FAA principles coming from the US Supreme Court. For example, in 2014, Continue Reading
Last week, SCOTUS heard oral argument in the New Prime v. Oliveira case, the arbitration case involving the meaning or scope of the FAA’s section 1 exclusion for “contracts of employment” of transportation workers. (Disclosure: I participated as an amicus Continue Reading