Just in time for the Halloween season, the Oklahoma Supreme Court gives us a scary tale about buying a new car. In Sutton v. David Stanley Chevrolet, Inc., 2020 OK 87, ¶ 1 the Court finds that an arbitration clause in a consumer contract was induced by fraud because the structure of the transaction
SCOTUS Takes Third Arbitration Case For Next Term (and bonus nursing home arbitration cases)
By Liz Kramer on
Posted in Validity of Arbitration Agreement, Year In Review
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…
Expert's Trick (changed damage calculation) Does Not Entitle Arbitration Loser to a Treat (a/k/a vacatur)
By Liz Kramer on
The Fifth Circuit recently refused to vacate an arbitration award, despite the loser’s arguments that: the arbitrators decided claims outside the scope of the arbitration agreement; and the winner’s expert used incorrect damage numbers in his testimony. Morgan Keegan & Co., Inc. v. Garrett, 2012 WL 5209985 (5th Cir. Oct. 23, 2012).
At issue in…