Category Archives: Arbitration

Stefani Germanotta Loses Domain Name Case; Tweens Rejoice Until Next Fad Hits

I refuse to call her Gaga.  I’m OK with Robert Zimmerman being Bob Dylan, Reginald Dwight being Elton John, and Gordon Sumner being Sting, but I’m not going to call her Gaga.  She was Stefani Germanotta until her “packagers” got … Continue reading

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If You Want to Arbitrate, You Should Probably Be Able to Prove an Arbitration Agreement Exists

Look, I get it.  For large companies, it’s impossible to keep copies of every document sent to customers.  Instead, you keep records of what was sent when, along with sample copies.  That’s much easier and cheaper than keeping copies of … Continue reading

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Sometimes You Don’t Have to Arbitrate At All

One of the more frustrating issues concerning arbitration is the extent to which parties that did not sign an arbitration agreement can be compelled to arbitrate anyway.  It sometimes seems that courts will bend over backwards to find ways to … Continue reading

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The Second Circuit Sidesteps Stolt-Nielsen

Unlike Mark Twain, there’s an open question as to whether the Supreme Court’s decision in Stolt-Nielsen v. AnimalFeeds Int’l Corp. is dead or alive.  As you may recall, Stolt-Nielsen all but created a bright-line rule that class actions aren’t available … Continue reading

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