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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.
California Supreme Court Narrows the Scope of Arbitration Fee Payment Statute — Avoiding Federal Preemption
The California Supreme Court breathes leniency into that state’s strict rules about arbitration fees.
When Arbitration Goes Too Far — Eighth Circuit Vacates $5M Award in Lindell Election Data Dispute
The MyPillow Guy gets his $5 million back.
New Jersey Supreme Court Rejects Arbitration Clause Without Proof of Customer Agreement
Corporations that want to bind someone to an arbitration clause must provide evidence of it and their attempt to show habit or routine must be grounded in reality and documented
Fifth Circuit Firmly Rejects “Manifest Disregard” as Basis to Vacate Arbitration Awards
Parties who agree to arbitration must be prepared to accept the outcome, even if they disagree with the legal reasoning.
Mass Arbitration and the FAA: SCOTUS Petition Targets Heckman Decision
Will SCOTUS weigh in on mass arbitrations?
Fourth Circuit Upholds Arbitration Despite SCRA Protections for Veterans
Plaintiffs bringing claims under the SCRA will, at least in the Fourth Circuit, be bound by executed arbitration agreements.
The Process Arbitrator: An Essential Role in Mass Arbitration
The Process Arbitrator is the secret to smooth sailing mass arbitrations.
Using the FAA to Confirm an Arbitration Award: A Jurisdictional Cautionary Tale for Litigators
Courts can no longer “look through” the petition to the underlying dispute to find a federal hook.
Mass Arbitration, Consolidation, and Contractual Limits: The Ninth Circuit’s Ruling in Jones v. Starz Entertainment
The Jones v. Starz Entertainment decision is a powerful reaffirmation of the contractual and procedural framework that governs arbitration.
Mass Arbitration and Opt-Out Rights: A Federal Court in California Weighs In
69,000 Opt Out of Settlement
Whose Duty Is It to Initiate Arbitration? A California Appellate Court Weighs In
It becomes increasingly important to anticipate not just whether arbitration will be compelled—but what happens after.
"I Agreed to What?" — A Reminder About the Enforceability of Arbitration Clauses
Like a surgeon, arbitrating for the very first time. (Apologies to Weird Al)
New York Eases Its Stance on Clickwrap Arbitration Agreements
New York endorses the clickwrap.
Sixth Circuit Invalidates Arbitration Clause in ERISA Plan: A Vindication of Rights
Effective vindication is not part of a well balanced breakfast. It’s a well-established legal principle that limits the enforceability of arbitration provisions when they obstruct a party’s ability to enforce their statutory rights.
Sixth Circuit Reinforces Arbitrator Authority Over Threshold Issues of Arbitrability
Who gets the last say? Incorporation of institutional rules like those of the AAA can effectively shift power from courts to arbitrators—even on gateway questions of jurisdiction and arbitrability.
Using a Ticket Is Enough: Fourth Circuit Upholds Arbitration Clause in Stadium Injury Case
The Fourth Circuit weighs in, reinforcing the enforceability of arbitration clauses embedded in ticketing terms.
CFPB Permanently Bans Ejudicate from Handling Consumer Arbitrations
Neutrals that are deceitful taint the whole ADR process.
Burying the Arbitration Agreement: Fourth Circuit Rejects Hidden Terms in Online Job Application
Agreeing to arbitrate must be intentional.
Taming the Mass Arbitration Lion: Seventh Circuit Reins in Fee Obligations in High-Volume Cases
Mass Arbitrations can present their own problems.
