I am a true arbitration nerd. But, when SCOTUS takes a THIRD arbitration case for its upcoming term, I wonder if the Justices are more obsessed with arbitration than I am. (Reminder of the other two here.) If they hear about the same total number of cases as this year (69), arbitration will
Arbitration In the Eye of the Storm
Sometimes current events provide an occasion perfect storm to educate about arbitration basics. This is one of those occasions.
Here are questions that friends and colleagues storming mad people have asked me in the past day or so, with my best answers:
- Does an arbitration agreement have to be signed by both parties to be
The Arbitration Resistance May Look Like This… (Post #300)
What happens when state courts disagree with SCOTUS’s interpretation of the Federal Arbitration Act? They resist, and they have a thousand different ways of doing so. The Mississippi Supreme Court demonstrated one way to resist recently in Pedigo v. Robertson, Rent-A-Center, Inc., 2017 WL 4838243 (Miss. Oct. 26, 2017). (I neglected to mention the
Non-Signatories Succeed In Compelling Arbitration In State Courts
The high courts of two states have allowed non-signatories to compel arbitration in recent weeks. The cases show courts are addressing non-signatory issues using different standards and raise important drafting issues for joint ventures and business affiliates.
In Locklear Automotive Group, Inc. v. Hubbard, 2017 WL 4324852 (Alabama Sept. 29, 2017), the Supreme Court
8th Circuit Finds ADEA Does Not Preclude Arbitration
One of the few “get out of arbitration free” cards that SCOTUS offers litigants is this: find another federal statute that clearly entitles plaintiff(s) to a court trial. In a recent 8th Circuit case, that court carefully considered, and then rejected, the argument that the Age Discrimination in Employment Act (ADEA) constituted that type
Uber Enforces Arbitration Due To Delegation Clause And Opt Out
The 9th Circuit’s decision to enforce the arbitration agreement in Uber’s agreements with drivers made lots of news last week. And although it includes no new principles of law, it does emphasize some principles that come up regularly in consumer and employment arbitration, so it’s worth reviewing the details.
Former drivers brought an action in
Second Federal Circuit Court Refuses To Enforce Arbitration By South Dakota Tribe
Using a different analysis, but reaching the same result as a recent decision from the Seventh Circuit, the Eleventh Circuit agreed that a defendant could not compel arbitration of consumer claims before the Cheyenne River Sioux Tribal Nation in South Dakota. Inetianbor v. CashCall, __ F.3d__, 2014 WL 4922225 (11th Cir. Oct.
West Virginia Has A Change Of Heart About Arbitration
A few months ago, you would have reasonably thought that West Virginia was one of the most anti-arbitration states in the country. There was not an unconscionability argument that the state didn’t seem to buy with respect to arbitration clauses. (Recall its arbitration feud with SCOTUS in 2012?) But, this month, West Virginia’s highest court
An ArbitrationNation Roadmap: Document subpoenas to third parties
This post is dedicated to a perennial favorite topic: subpoenas for documents in arbitration. Why this topic and not something hot off the presses? Because SCOTUS has not yet accepted or denied the cert petition in Sutter, and no cases have come out recently that meet my high standards for discussion on this blog
A Well-Drafted Arbitration Agreement Can Apply To Disputes Arising Before Parties' Relationship And To Disputes With Successors
Three federal circuit courts have recently looked at the shelf-life of an arbitration agreement. Can it apply even before the contract is effective? What about after a successor takes over the relationship? What if one party unilaterally changes its terms? The answer is that a properly worded arbitration agreement can apply in all those instances,