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The FAA’s Transportation-Worker Exemption Gets Another Supreme Court Clarification
SCOTUS Extends FAA Exemption to Last-Mile Drivers
When a Federal Court Sends a Case to Arbitration, It Does Not Lose the Case
Jurisdiction is an oft-overlooked mistake.
When a New Arbitration Agreement Arrives in the Middle of a Class Case
Mid-Litigation rollout of a new arbitration agreement might not be the best idea
When the Arbitration Is Not Governed by the FAA: A Reminder About Procedure, Substance, and Fee Exposure
A recent appellate decision from Pennsylvania examines common law arbitration
When Broad Arbitration Language Still Isn’t Broad Enough
The Third Circuit interprets “broad”
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?