An arbitration blog by Prof. Imre Szalai
The Ninth Circuit recently discussed a circuit split in the context of subpoena powers and discovery under the FAA in the case of CVS Health Corporation v. Vividus, LLC, No. 16-16187 (9th Cir. Dec. 21, 2017) (click here for a Continue Reading
In Roberts v. AT&T Mobility, No. 16-16915 (9th Cir. Dec. 11, 2017) (click here for a copy of the decision), the Ninth Circuit quickly dismissed a First Amendment challenge to a consumer arbitration by finding “[t]here is no state action Continue Reading
Earlier today, bipartisan members of the Senate and House introduced the “Ending Forced Arbitration of Sexual Harassment Act of 2017.” (click here for a copy of the House bill) A core part of the House bill states the following: “no predispute Continue Reading
First Circuit Issues Flawed FAA Decision The First Circuit recently discussed whether a non-signatory is bound by an arbitration agreement. See Ouadani v. TF Final Mile LLC, No. 17-1583 (1st Cir. Nov. 21, 2017) (click here for a copy of Continue Reading
The Eleventh Circuit recently issued an opinion dealing with vacatur of an arbitration award. Original Appalachian Artworks, Inc. v. Jakks Pacific, Inc., No. 17-11513 (11th Cir. Nov. 17, 2017) (click here for a copy of the decision). The case involved Continue Reading
In Goodwin v. Branch Banking & Trust Co, No. 17-1412 (4th Cir. Oct. 31, 2017) (click here for a copy of the decision), the Fourth Circuit issued a brief opinion discussing an inappropriate tactic sometimes used in litigating the enforceability Continue Reading
I was interviewed today on the Marketplace Morning Report regarding my new arbitration study and the Supreme Court’s oral arguments in the D.R. Horton cases. Here’s a link (the episode is titled “Future of Gun Sales,” and my interview about arbitration appears Continue Reading
In anticipation of the D.R. Horton cases to be argued next week, I am publishing a report about the use of arbitration clauses for workplace-related disputes. The key finding from my study, which is based solely on publicly-available data, shows Continue Reading
In a 7-1 decision issued today, the Supreme Court of the United States continued its long line of cases holding that the FAA preempts state law. Kindred Nursing Centers v. Clark, No. 16-32 (May 14, 2017) (click here for a Continue Reading
A recent decision involving the Uber ride-sharing app demonstrates an important principle in arbitration law. A party may have a well-drafted arbitration agreement, and the terms of the agreement may be appropriate. However, if the agreement is not implemented properly, Continue Reading