An arbitration blog by Prof. Imre Szalai
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
The California Supreme Court recently issued a decision following its tradition of finding creative ways to avoid FAA preemption. The court’s analysis provides an interesting blueprint for other states to develop consumer and employee protection statutes that can avoid the Continue Reading