An arbitration blog by Prof. Imre Szalai
This is a very, very long post, probably my longest. I’ve received many questions the last few days about the arbitration issues surrounding the Trump and Stormy Daniels affair. The purported hush agreement between Trump and Daniels contains an arbitration Continue Reading
Adult film actress Stephanie Clifford just sued Donald Trump to declare that their purported Hush Agreement is invalid, and one of the relevant hush documents contains an arbitration clause. News reports indicate that Trump’s attorney (consigliere or fixer, a la Continue Reading
Challenging a harsh, one-sided arbitration clause became tougher after the Supreme Court’s 2010 decision in Rent-A-Center v. West, if the arbitration agreement contains a delegation clause. As a result of the Rent-A-Center decision, courts can punt issues about the enforceability Continue Reading
I wanted to highlight a recent case involving a distinctive arbitration clause. In Int’l Corrugated & Packing Supplies, Inc. v. Lear Corp., No. 15-CV-00405, 2018 WL 1041309 (Feb. 22, 2018), the corporate parties entered into an agreement for packaging materials Continue Reading
“Sign this contract, which contains an arbitration clause, and pay up, or you’re going to jail!” Consumers in California faced this situation, which was addressed by the Ninth Circuit this week in a case called Breazeale v. Victim Services, Inc., Continue Reading
Relying on the fiduciary duty in the attorney-client relationship as well as the policies of Maine’s legal ethics code, Maine’s highest court found that attorneys have a duty to explain and make sure a client understands the difference between litigation Continue Reading
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