Tag Archives: Arbitration

SCOTUS: If Arbitration is Too Expensive, Just Buy Some More Money

We haven’t said much about arbitration lately because we’ve been waiting to see what the Supreme Court would do about class arbitration waivers in the American Express case. (See our earlier post on this case here.) Now we know… Today, … Continue reading

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Eleventh Circuit Draws a Thin Line Between Formation and Validity Challenges for Arbitration Clauses

The first question a court has to resolve when considering a motion to compel arbitration is whether a valid contract containing an arbitration clause exists.  That’s not always easy because parties sometimes claim that a contract was not formed or … Continue reading

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SCOTUS (Yet Again) Affirms FAA Preemption

Maybe West Virginia didn’t get the memo.  In Marmet Health Care Center, Inc. v. Brown, the U.S. Supreme Court, once again, held that state and federal courts must enforce the Federal Arbitration Act as to all arbitration agreements it covers.  … Continue reading

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Second Circuit Thrice Holds that Class Action Waivers Are Unenforceable

Third time’s the charm, right?  The Second Circuit has struck down, for the third time, a class action waiver in an arbitration agreement between American Express and  merchants.  In re American Express Merchants’ Litigation.  This long-running case–which has already gone … Continue reading

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Fifth Circuit Finds Arbitration Clause in Employee Handbook Was “Illusory”

Though federal policy strongly favors arbitration, there are limits. (See our other arbitration posts here.) Last month, in Carey v. 24 Hour Fitness USA Inc., the Fifth Circuit held that an employer’s arbitration clause was invalid because it was illusory. The employee … Continue reading

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Third Circuit Hands Khan Loss in Arbitration Case, Maroons Him in Legal Equivalent of Seti Alpha 6

It’s no secret that The Wrath of Khan is, without question, the best of the Star Trek movies.  It’s also no secret that, generally speaking, courts will bend over backwards to enforce arbitration provisions, and we’ve previously covered what can happen when … Continue reading

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Indiana Court of Appeals Thwarts Non-Party Discovery in Out-of-State Arbitration

Getting discovery from non-parties can be a tricky proposition, particularly when the discovery is being sought as part of an out-of-state arbitration.  Equally tricky is resisting discovery if you’re that non-party.  The Indiana Court of Appeals recently provided some protection … Continue reading

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