The First Circuit just faced a fascinating formation issue: if a customer cannot see what she is signing, and no employee reads it to her or ensures she knows there are legal terms, is there a contract? With Justice Souter sitting by designation on the panel, the court answered “no,” and thereby kept a class
Fourth Circuit Finds Availability Of Class Arbitration Is Question For Courts, Not Arbitrators
Joining the Sixth and Third Circuit Courts of Appeals, the Fourth Circuit this week held that “whether an arbitration clause permits class arbitration is a gateway question of arbitrability for the court.” Dell Web Communities, Inc. v. Carlson, 2016 WL 1178829 (4th Cir. Mar. 28, 2016).
At issue was whether a federal judge or
A Four-Year Blogiversary – and an Infographic for Compelling Arbitration!
The primary purpose of this blog is to educate lawyers and clients about arbitration law. So, what better way to celebrate my fourth blogiversary than with an awesome new infographic about compelling arbitration! Making a motion to compel arbitration is trickier than it seems. When people call me for advice, I often have to tell
Another Federal Appeals Court Finds Availability of Class Arbitration Is Question for Court
In a footnote in Sutter, SCOTUS hinted that the question of whether an arbitration agreement allowed for class arbitration may be one of the “gateway” questions of arbitrability that are presumptively for courts to decide. Last year, the Sixth Circuit went one step further, finding that the availability of class arbitration defaults to the courts.
An "Impasse" Of One Or Two Months Over Arbitrator Selection Does Not Entitle Court to Appoint Arbitrator
The Supreme Court of Texas issued three decisions last week that all relate to arbitrator selection and offer reminders to drafters and litigators that arbitrator selection is a critical component of arbitration agreements.
Two of the decisions involved tort claims against the same defendant, a cemetery owner. In re Serv. Corp. Int’l, ___ S.W.3d ___,