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Class Action Waivers Are Okay, But Waivers of Public Injunctive Relief Aren’t

By Henry Allen Blair on July 1, 2019
Posted in Appealing Arbitration Decisions

Two posts on arbitration law in one day!  What?!? Is it your birthday?

No, no.  (Well, maybe.  And if so, happy birthday!)  It’s just that I finished reading what I think are the three most significant and fascinating arbitration cases to be decided so far this year.  I’m so excited that I had to write…

Rolled newspaper with the headline Breaking news
Rolled newspaper with the headline Breaking news

Breaking News: SCOTUS Surprises Absolutely No One in Lamps Plus, Inc. v. Varela

By Henry Allen Blair on April 24, 2019
Posted in Class Arbitration

It’s not at all evident to me why SCOTUS felt the need to grant review of Lamps Plus, Inc. v. Varela. But it did. And the majority decision, authored by Chief Justice Roberts, did precisely what I think that everyone who looked at the case expected: it held that courts cannot find the necessary…

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"Cheeky" Maryland Rule, Requiring Mutuality In Arbitration Agreements, Not Preempted Under Concepcion

By Liz Kramer on February 27, 2013
Posted in Validity of Arbitration Agreement

In most cases, if this blog mentions Concepcion, it means that a court has found a state statute or line of decisions is preempted by the FAA.  A Maryland rule, however, recently ran the Concepcion gauntlet and survived.  See Noohi v. Toll Bros., Inc., __ F.3d __, 2013 WL 680690 (4th Cir. Feb. 26,…

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ArbitrationNation was started by Liz Kramer in 2011. It has been repeatedly recognized as one of the best legal blogs in the nation.

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