Scope of Arbitration Agreement

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Employee-on-Employee Violence Not Within Scope of Arbitration Agreement

By Liz Kramer on September 29, 2011

Posted in Litigation vs. Arbitration, Scope of Arbitration Agreement

Last week the Eleventh Circuit interpreted the scope of the arbitration agreement within a plaintiff’s employment contract to exclude civil claims stemming from her sexual assault by fellow employees. In doing so, the court may have signaled a discomfort with sending civil claims based on criminal conduct to arbitration.

In Doe v. Princess Cruise Lines…

Another State Law Bites the Concepcion Dust

By Liz Kramer on September 9, 2011

Posted in Class Arbitration, Scope of Arbitration Agreement, Validity of Arbitration Agreement

In April, the Supreme Court struck down a common law rule in California that declared most consumer arbitration agreements void if they prohibit classwide arbitration of claims, holding that it was preempted by the Federal Arbitration Act. AT&T Mobility, LLC v. Concepcion, 131S. Ct. 1740 ( 2011). In the last few weeks, two federal circuit…

We Are Becoming an Arbitration Nation

By Liz Kramer on August 11, 2011

Posted in Appealing Arbitration Decisions, Arbitration Rules/Procedures, Scope of Arbitration Agreement

The AAA just reported that 143,349 cases were filed with it in 2010. JAMS reports that approximately 10,000 cases are filed with it each year.

There were 190,543 new civil cases filed with all the U.S. District Courts in 2010.

In short, two of the largest ADR providers are currently handling almost as many civil…