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11th Circuit: How A Court Should Handle an Employer Who Has Second Thoughts About Arbitration and Refuses to Pay Arbitration Fees

Posted on08/09/20181 Comment

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

Categoriesfederal appellate court decisions

9th Circuit: ERISA Claim Non-Arbitrable

Posted on07/25/2018

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

Categoriesfederal appellate court decisions

First Circuit: Uber’s Arbitration Clause Not Enforceable

Posted on06/26/2018

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

Categoriesfederal appellate court decisions

Fifth Circuit: Lack of Employer’s Signature Dooms Arbitration Agreement

Posted on06/14/2018

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

Categoriesfederal appellate court decisions

11th Circuit’s Opinion Reveals Tension in Arbitration Law

Posted on06/04/2018

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

Categoriesfederal appellate court decisions

Supreme Court’s Epic Systems Decision– A Spartan Kick to Workers

Posted on05/21/2018

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

CategoriesUS Supreme Court decisions

More on Stormy/Trump Arbitration Saga

Posted on03/28/2018

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

Categoriesfederal district court decisions

7th Circuit: Child Not Bound By Parent’s Arbitration Clause (and Indirectly, the Supreme Court is Supremely Wrong)

Posted on03/25/2018

The Seventh Circuit recently addressed whether a child could be bound by her parent’s arbitration agreement.  See A.D. v. Credit One Bank, No. 17-1486 (7th Cir. Mar. 22, 2018) (click here for a copy of the decision).  In this case, Continue Reading

Categoriesfederal appellate court decisions

More on Trump, Arbitration, Criminal Law & Watergate

Posted on03/19/2018

Please disregard this post if you are tired of the arbitration fight being waged between Trump and Stormy Daniels.  But if you are interested, I have received several questions the past few days about the obligation to arbitrate if a Continue Reading

Categoriesfederal district court decisions

Trump/Daniels Arbitration Fight Moves to Federal Court

Posted on03/17/2018

It was just reported that Donald’s shell company removed Stormy’s state court lawsuit to federal court earlier on Friday, with Donald consenting to the notice of removal.  The notice of removal (click here for a copy) indicates that the shell Continue Reading

Categoriesfederal district court decisions

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About Prof. Szalai

Prof. Imre Stephen Szalai is a commercial arbitrator and a leading authority in arbitration law. He maintains this blog about arbitration law developments, and he handles virtual and in-person arbitration hearings.

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