Delegation provisions are a hot topic this year! This week, we’re going to look at two more circuit court decisions centering on delegations and finding ways around them.
Just to set the stage, though, I’ve got to put a little egg on my own face. To quote myself from back in June: “it’s almost
So, remember when we talked about Just How Small the Bullseye Is for Challenging a Delegation Clause a few weeks ago? Apparently, the target is small but not necessarily as unhittable as I suggested.
You might recall that in that earlier post we were looking at a Missouri Supreme Court decision, State Ex Rel. Newberry
Wrap agreements continue to present challenges. I don’t often write about district court decisions, and particularly not unpublished ones, but a recent case out of Illinois warrants an exception. (See earlier considerations of wrap arbitration agreements on this blog hereand here.)
Just as a quick refresher about wrap agreements, courts have refocused the
The severability doctrine of federal arbitration law tells litigants that unless they can specifically challenge the validity of the arbitration provisions of the contract, as opposed to challenging the entire contract, the courts will not address the merits of the challenge. (See entire line of increasingly harsh cases starting with Prima Paint and continuing