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When Card Use Becomes Consent: Court Compels Arbitration of TCPA and Tort Claims
Activating and using credit cards accepted the arbitration agreement.
When the Contract Ends but the Arbitration Clause Does Not
The Eighth Circuit Sends Post-Service Texting Claims to Arbitration
EFAA Can Void Arbitration for the Entire Case — Not Just the Harassment Claim
The Sixth Circuit sends both the arbitration baby and the bathwater to litigation.
When a Kentucky Arbitration Statute Blocks Arbitration in a Business Dispute
But the FAA May Still Open the Door
When Process Becomes the Appeal: Arbitrator Authority, AAA Rules, and “Errors of Law”
Arbitration appeals rarely succeed by arguing “the arbitrator got it wrong.”
California SB 82 and the End of “Infinite” Consumer Arbitration Clauses (Maybe)
Reigning in overly broad arbitration agreements?
How the FAA Helped Carry the Day on a “Click-to-Accept” Arbitration Clause
The Sixth Circuit weighs in on clickwrap arbitration agreements.
When the FAA Applies Because the Contract Says So: A Drafting Lesson from Tuufuli v. West Coast Dental
The FAA can apply to intrastate disputes, too.
Preserving Future Arbitration Rights After Valli v. Avis Budget Group
The Third Circuit provided a good roadmap
California SB 82: A New “Ceiling” on Consumer Arbitration Clauses — and a Collision Course with the FAA?
A new law means new changes. Or does it?
When Arbitration Agreements Matter: A Practical Reminder from the Golikov v. Walmart Sanctions Proceedings
Why Confirming Arbitration Agreements Early Can Prevent Costly Litigation
When Federal Law Controls, Arbitration Prevails: ELCRA, Title VII, and the FAA
A new decision explains why the FAA requires arbitration of ELCRA claims despite state-level uncertainty.
Broad Arbitration Clauses Sweep In Tort Claims, Says Ohio Supreme Court
The Supreme Court of Ohio reinforces its pro-arbitration beliefs.
When “Clear and Unmistakable” Isn’t So Clear: The Fifth Circuit’s Arbitration Ruling Heads to the Supreme Court
Will SCOTUS decide who decides?
When Arbitration Fails the Forum Test: The Eleventh Circuit Reinforces Due Process Standards in Consumer Arbitration
Businesses which fail to comply with AAA consumer arbitration rules can lose their right to compel arbitration.
Washington Court Expands FAA Transportation-Worker Exemption and Reaffirms Limits on Class Waivers in Wage Cases
A new decision underscores that workers moving goods in interstate commerce fall outside the FAA—and that state law still limits class-action waivers in wage disputes.
Federal Court Applies the EFAA to Bar Arbitration in Sexual Harassment Case
Courts are reading the EFAA broadly — extending its protection to entire cases, not just the harassment claim.
Mandatory Arbitration in IPOs: The SEC’s New Policy Shift and What It Means
A policy shift with big implications for investors, issuers, and litigators.
When Non-Payment Isn’t “Refusal”: The Second Circuit Weighs in on Arbitration Fee Disputes
Arbitration fee disputes are procedural matters for arbitrators, not federal courts.
Second Circuit to NFL: “Arbitration” Can’t Mean “Commissioner Decides Everything”
The FAA protects agreements to submit disputes to a neutral decision-maker under fair, bilateral procedures.
