Tag Archives: Federal Arbitration Act

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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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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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

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