Every time I think the spate of state supreme court opinions about nursing home arbitration surely must be over, another one comes out to prove me wrong. Last week, it was one from Alabama, finding an arbitration agreement was never formed, because the resident lacked capacity and the daughter who signed on his behalf
No Arbitration Because Ricky Martin Is a Singer, Not a Signer
Have you heard of the “summer slide“? It’s the name for how students forget information they learned during the school year over summer vacation, but it’s equally apt for grown ups. I definitely feel a little less smart when I am reading vampire novels by the pool in 95 degree heat.
Anyhow, Arbitration
Spring State Court Smorgasbord: Seven Decisions Friendly To Arbitration
The last post focused on three recent state appellate court decisions that refused to compel arbitration or vacated an award, and this follow-up post focuses on seven recent cases that are friendly to arbitration.
My favorite is from Montana. Although none of its arbitration decisions have been addressed by SCOTUS, Montana decided to preempt any
Mall Smoothie Does Not Bind Teenager To Mom’s Arbitration Agreement With Credit Card
A new Seventh Circuit case answers the age-old question: if a fourteen-year-old swipes her mom’s credit card to complete a smoothie purchase at the mall, is she bound to the credit card agreement?
The case, A.D. v. Credit One Bank, N.A., __ F.3d __, 2018 WL 1414907 (Mar. 22. 2018), addressed whether the lead
Tale of Two Arbitrations: Demonstrating The FAA In Flux
Whenever people ask me why I choose arbitration law to write and talk about, one of the reasons I give is that the law is in flux, creating a demand for information and analysis. Despite the fact that the Federal Arbitration Act has been around for over 90 years, there are constantly new developments in
Third Parties Fail To Force Arbitration in Three Circuits
The “Summer of Arbitration” draws to a close tomorrow, if you can believe it. (On the first day of fall, it is supposed to be 91 degrees in Minnesota. Yikes.) But before I close that chapter, let’s take a look at a theme that emerged in these last weeks: non-signatories losing their attempts to compel
Un-Vacated: Nevada Supreme Court Confirms $6.7M Franchise Arbitration Award
In a decision that is very skinny on the facts, a unanimous Nevada Supreme Court recently un-vacated a significant arbitration award in a dispute over dental franchises. In Half Dental Franchise, LLC v. Houchin, 2017 WL 3326425 (Nev. Aug. 3, 2017), the court found the arbitrators did not exceed their power in exercising authority
10th Circuit Resolves One Arbitrability Circuit Split, But Creates Another
If you are a party that wants courts to rigidly enforce delegation clauses – sending questions about even the validity of the agreement to arbitration – then you will appreciate a new decision from the Tenth Circuit. In Belnap v. Iasis Healthcare, __ F.3d __, 2017 WL 56277 (10th Cir. Jan. 5, 2017),
Kardashians Kept Out of Arbitration (and other recent arbitration news)
Just three weeks into the year and already my pile of arbitration cases is a skyscraper! So, I will cover a lot of ground in this update.
First, the headline. Kimberly, Kourtney, and Khloe Kardashian moved to compel arbitration, although they were not signatories to the arbitration agreement. Kroma Makeup EU v. Boldface Licensing +
Alabama Acknowledges AAA Rules Authorize Arbitrator To Determine Whether Non-Signatory Is Bound
The Alabama Supreme Court has followed the Eighth Circuit’s lead, concluding that when the parties agree to arbitrate pursuant to the AAA Rules, they have clearly and unmistakably authorized the arbitrator to determine who is bound by that arbitration agreement. Federal Ins. Co. v. Reedstrom, __ So. 3d __, 2015 WL 9264282 (Ala.