A resource for litigators, in-house counsel, and arbitrators
Happy Thanksgiving from Arbitration Nation!
There are no new and exciting cases to talk about,* so I am reverting to the Thanksgiving staple — talking about what I am thankful for. And, I am thankful for all of you! Starting this blog has been one of the highlights of my professional year. Not only has…
The Second Circuit just held that a federal court has the power to enjoin an ongoing arbitration. In re Am. Express Fin. Advisors Sec. Litig., ___ F.3d ___, 2011 WL 5222784 (2nd Cir. 2011). While many litigants would no doubt like a federal court to enjoin their arbitrations — especially when arbitrators refuse to…
Despite the Supreme Court’s best efforts, some myths of arbitration law just will not die. In yesterday’s per curiam decision of the Supreme Court, the Justices tried to put a stake through the heart of a common myth: that a party may successfully avoid a motion to compel arbitration by arguing that not all claims…
Two recent decisions illustrate how individuals that did not sign a contract can be bound by that contract’s arbitration provisions.
In the first, Blaustein v. Huete, 2011 WL 5103759 (5th Cir. Oct. 26, 2011), an individual member of an LLC, Huete, argued he should not be bound by the arbitration clause between the LLC…
Just in time to participate in Arbitration Nation’s (unplanned) series on legislative nullification of arbitration agreements, the Ninth Circuit Court of Appeals ruled last week that the Carmack Amendment nullifies pre-dispute arbitration agreements in interstate shipment contracts. Smallwood v. Allied Van Lines, Inc., ___ F.3d ___, 2011 WL 4927404 (9th Cir. 2011). The Ninth Circuit…
The lawyers who sought to disqualify their opposing counsel during a pending arbitration must have been giddy when they drew Judge Shira Scheindlin of the Southern District of New York as their judge. Judge Scheindlin, who is famously tough on unscrupulous lawyers, did not disappoint. She went out of her way to exercise jurisdiction over…
Since the last post dealt with legislative overrides of arbitration agreements, this one will expand on that theme with a preview of an upcoming Supreme Court case. In CompuCredit Corp. v. Greenwood, to be heard on October 11, the Supreme Court will decide whether Congress intended to prohibit arbitration of claims brought under a…
The Federal Trade Commission has long construed the Magnuson-Moss Warranty Act, a.k.a the “federal lemon law,” as barring binding arbitration provisions that consumers are asked to sign upon purchasing a product. In fact, the FTC issued a rule that prohibits courts from enforcing binding arbitration clauses in written warranty agreements covered by the statute. In…
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…
By Liz Kramer and Patrick Burns (http://www.valuesolveadr.org/patrick.html ), Guest Blogger
If an arbitration agreement calls for the dispute to be administered by an ADR provider that will not or cannot accept the case, or calls for the application of non-existent rules, it may not be enforceable. That issue seems to be increasingly prevalent in…