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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
Posted in Arbitration, Class Actions
Tagged Arbitration, Class Actions, Federal Arbitration Act, Supreme Court
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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
Posted in Arbitration, Federal Practice
Tagged Arbitration, Eleventh Circuit, Federal Arbitration Act
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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
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
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
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
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
Posted in Arbitration, Discovery, Discovery from Non-Parties
Tagged Arbitration, Discovery, Indiana, Non-parties
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Specificity in Arbitration Provisions Is a Good Thing…Except When It Isn’t
Vagueness, ambiguity, and silence in arbitration provisions are generally to be avoided so that you don’t have to try a case that should be arbitrated. As the Indiana Court of Appeals recently held, though, being too specific in an arbitration … Continue reading
Supreme Court: If a Claim is Arbitrable, You Have to Arbitrate.
Parties resisting arbitration sometimes claim that compelling arbitration would result in “piecemeal” litigation because some claims are arbitrable and some are not. The U.S. Supreme Court, however, has made it clear (again) that courts cannot refuse to compel arbitration merely … Continue reading
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
