Alright, we all know in the wake of Italian Colors, Concepcion, and now many other cases that the presumption of arbitrability isn’t just a doctrine to recite in the manner of saying grace before invalidating an agreement,...more
The purpose of arbitration is to resolve disputes more quickly and inexpensively than litigation. It’s getting less difficult to enforce such agreements, but apparently some courts and parties have yet to get the message as a...more
The British have a phrase “too clever by half” to describe complex schemes that ultimately won’t work.
We all know from cases such as Concepcion, Stolt-Nielsen, Italian Colors, and their progeny that arbitration...more
With the Supreme Court having issued a series of decisions overruling many of the roadblocks to the enforcement of arbitration agreements in the class context, we are now seeing more courts fill in the gaps as to whether and...more
In 1991, Sega introduced the video character Sonic the Hedgehog. Sonic became insanely popular, spawning several generations of videogames that are still being designed and sold today, comic books, and even a short-lived...more
Much like a war where each side steadily amasses victories and defeats, the federal courts and the National Labor Relations Board (NLRB) continue to have diverging opinions on the enforceability of class action waivers in...more
Decades ago, Congress passed the Federal Arbitration Act to combat the hostility courts showed towards arbitration agreements. Since that time, the Supreme Court has repeatedly pronounced the public policy in favor of the...more