An arbitration blog by Prof. Imre Szalai
Like federal law, California state arbitration law generally recognizes the separability doctrine, whereby arbitration clauses are viewed as separate from the rest of a contract and not necessarily impacted by defects in the larger contract containing the arbitration clause. For Continue Reading
In Dish Network L.L.C. v. Ray, No. 17-1013 (10th Cir. Aug. 21, 2018) (click here for a copy of the decision), the Tenth Circuit addressed whether a court or arbitrator is the correct decision-maker to determine whether an arbitration clause Continue Reading
I wanted to share some new legal arguments that could be helpful to invalidate arbitration clauses containing harsh terms. I just published a new article that proposes what I believe is a novel way of looking at the Federal Arbitration Continue Reading
In Hernandez v. Acosta Tractors Inc., Nos. 17-13067, 17-13673 (11th Cir. Aug. 8, 2018) (click here for a copy of the decision), the Eleventh Circuit addressed an overtime wage dispute involving an unusual, turn-the-tables role reversal – where an employer Continue Reading
In Munro v. University of Southern California, No. 17-55550 (9th Cir. July 24, 2018) (click here for a copy of the decision), the Ninth Circuit held that claims for breach of fiduciary duty in the administration of ERISA plans are Continue Reading
There is a growing body of law analyzing the formation of online arbitration agreements, and the First Circuit’s recent opinion in Cullinane v. Uber Technologies, Inc., No. 16-2023 (1st Cir. June 25, 2018) (click here for a copy of the Continue Reading
In a good win for employees fighting against the tide to bring their claims in court, the Fifth Circuit reversed a lower court’s decision to compel arbitration because the employer had failed to sign the arbitration agreement. Huckaba v. Ref-Chem, Continue Reading
In Gamble v. New England Auto Finance, Inc., No. 17-15343 (11th Cir. May 31, 2018) (click here for a copy of the decision), the Eleventh Circuit affirmed the denial of a finance company’s motion to compel arbitration. After the consumer Continue Reading
The Supreme Court just issued its ruling in the much-anticipated arbitration cases, Epic Systems, Murphy Oil, and Ernst & Young (click here for the Supreme Court’s decision). These cases pitted the Federal Arbitration Act (which permits the judicial enforcement of Continue Reading
Stormy’s attorney just filed a motion for a trial under the FAA and for expedited discovery. (Here’s a copy of Stormy’s motion and a copy of Stormy’s legal brief). As for discovery, discovery regarding the making of an arbitration agreement is Continue Reading