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15 Aug 2014, 2:46 pm
Disputing would like to congratulate Liz Kramer at Arbitration Nation on her recent blogging anniversary. [read post]
11 Aug 2014, 8:00 am
But the Third Circuit looked at the “conflicting lease provisions” and relied heavily on the federal presumption in favor of arbitrability to hold that all issues in the case must be arbitrated.The primary lesson that can be drawn from these four cases is this: if you have a colorable argument for compelling arbitration, don’t give up if you lose at the trial court level.Read Article—By Liz Kramer [read post]
4 Aug 2014, 8:00 am
” Reading between the lines, the fact that the architects drafted the contract and then tried to design an escape hatch from arbitration after the proceeding was nearly concluded did not help their cause.Read Article—By Liz Kramer [read post]
California Maintains Some Restrictions On The Waivers Allowable In Employment Arbitration Agreements
28 Jul 2014, 8:00 am
I predict this case will end up on SCOTUS’ docket.Read Article—By Liz Kramer [read post]
21 Jul 2014, 8:00 am
He concurred, though, because that view is clearly precluded by SCOTUS’s interpretation of the FAA.Read Article—By Liz Kramer [read post]
14 Jul 2014, 8:00 am
”Read Article—By Liz Kramer [read post]
8 Jul 2014, 8:00 am
That holding appears at odds with the Texas Supreme Court’s Tenaska decision, even though both courts are applying the FAA.Read Article—By Liz Kramer [read post]
16 Jun 2014, 8:00 am
(That issue drew a dissenting opinion.Read Article—By Liz Kramer [read post]
9 Jun 2014, 7:00 am
(I note that the Third Circuit raised concerns about the “policy implications” of forcing the participants’ claims into arbitration…)Read Article—By Liz Kramer [read post]
2 Jun 2014, 7:00 am
[Note that all whistleblower claims are not necessarily exempt from arbitration, as one of my colleagues wrote recently -- there are key differences between the Dodd-Frank and Sarbanes-Oxley statutes.]Read Article—By Liz Kramer [read post]
26 May 2014, 7:00 am
And third, he participated in the pre-trial conference and acquiesced in the consolidation of the cases.Read Article—By Liz Kramer [read post]
19 May 2014, 7:00 am
Sept. 12, 2013).Therefore, if you are (or represent) a defendant who is served with a federal lawsuit, and the dispute is covered by an arbitration clause, you have two choices:1) file a substantive answer within 21 days, which raises arbitration as an affirmative defense, with a motion to compel arbitration following soon after; or2) file a motion to compel arbitration in lieu of any substantive answer (obviously, still within the 21 days).Read Article—By Liz Kramer [read post]
12 May 2014, 2:00 pm
” While that is a good belt-and-suspenders approach, it strikes me as inefficient and unworkable in cases where the appellate arbitrators actually reversed an aspect of the trial arbitrator’s award.Read Article—By Liz Kramer [read post]
28 Apr 2014, 8:00 am
The circuit split over manifest disregard will continue.Read Article—By Liz Kramer [read post]
21 Apr 2014, 8:00 am
The court found class arbitration was not authorized because the arbitration agreement did not say anything about classwide arbitration, and it ordered plaintiffs to proceed individually in arbitration.Read Article—By Liz Kramer [read post]
14 Apr 2014, 8:00 am
I believe the Eleventh Circuit saw that as less likely to be reviewed and reversed.Read Article—By Liz Kramer [read post]
21 Mar 2014, 8:00 am
Laboratory School, 2014 WL 783135 (Hawaii Feb. 27, 2014), the Supreme Court of Hawaii enforced the parties’ agreement that “the arbitrator shall first determine the question of arbitrability” and found that the union was therefore entitled to arbitrate its claim that its grievance is arbitrable.Read Article—By Liz Kramer [read post]
9 Mar 2014, 2:54 pm
Disputing would like to thank Liz Kramer at Arbitration Nation for alerting us to this interesting decision. [read post]
17 Feb 2014, 8:00 am
Jan. 13, 2014).Read Article—By Liz Kramer [read post]
5 Feb 2014, 8:00 am
The Second Circuit reasoned that receipt of a physical document can be enough to put the party on notice of the terms as long as it was clearly a binding legal document.Read Article—By Liz Kramer [read post]
