Liz Kramer

Liz Kramer

Stinson Leonard Street

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3 Class Actions, 3 Motions to Compel Arbitration, 1 Class Action Survives

The Ninth, Sixth, and Third Circuits all recently issued decisions about whether putative class or collective actions could proceed despite the existence of arbitration clauses. In two of those decisions, the courts found...more

2/13/2017 - American Arbitration Association Arbitration Class Action Collective Actions Consumer Contracts Do Not Call List FLSA Mandatory Arbitration Clauses Misclassification Over-Time PAGA Privacy Laws TCPA Telemarketing Wage and Hour

10th Circuit Resolves One Arbitrability Circuit Split, But Creates Another

If you are a party that wants courts to rigidly enforce delegation clauses – sending questions about even the validity of the agreement to arbitration – then you will appreciate a new decision from the Tenth Circuit. In...more

1/27/2017 - Arbitration Delegation Clauses JAMS Motion to Compel

Nebraska Real Estate And Nebraska Borrowers, But Federal Arbitration Act Applies

In a fight over whether a single lending transaction involved interstate commerce, the Supreme Court of Nebraska found the Federal Arbitration Act (FAA) applied and preempted its state arbitration act. Wilczewski v. Charter...more

12/19/2016 - Arbitration Banking Sector Banks Federal Arbitration Act Foreclosure Fraud Interstate Commerce Misrepresentation Motion to Compel NE Supreme Court Notice Requirements Preemption Purchase Agreement Residential Real Estate Market

Fuzzy Math? 6 Differing Arbitration Agreements = 0 Arbitration Agreement

If you ever wanted an “Exhibit A” for how drafting arbitration agreement(s) could go very, very wrong, the Tenth Circuit has just provided it. In Ragab v. Howard, __ F.3d __, 2016 WL 6832870 (10th Nov. 21, 2016), a majority...more

12/5/2016 - Arbitration Arbitration Agreements Contract Drafting Motion to Compel Young Lawyers

8th Circuit Expands Arbitral Immunity Doctrine

A per curiam opinion from the 8th Circuit last week highlights that even if an arbitration goes off the rails, the only remedy is vacating (or confirming) the award. The parties cannot recover from the administrator of the...more

11/23/2016 - American Arbitration Association Arbitration Arbitration Awards Motion to Vacate

After Five Years In Court, West Virginia Finds Plaintiff Did Not Waive Right To Arbitrate

The highest state court in West Virginia just found that a credit card company did not waive its right to arbitrate, despite initially choosing a court forum and waiting almost five years to raise its right to arbitrate. ...more

11/21/2016 - Arbitration Arbitration Agreements Banks Citibank Consumer Contracts Consumer Financial Products Credit Cards Debt Collection Financial Sector Financial Services Industry Mandatory Arbitration Clauses

Arbitrator’s False Credentials Are Sufficient To Vacate Award

In most circumstances, the Federal Arbitration Act requires that the losing party move to vacate an arbitration award within three months. However, the Ninth Circuit recently ruled that the three-month timeline can be...more

11/14/2016 - Arbitration Arbitration Awards Citigroup Equitable Tolling Federal Arbitration Act FINRA Mismanagement Motion to Vacate Negligent Credentialing Reversal

SCOTUS Accepts Review of Kentucky Nursing Home Arbitration Case

On October 28, the Supreme Court granted a cert petition in a case in which the Kentucky Supreme Court refused to enforce arbitration agreements in nursing home agreements.  (Kentucky recently topped my list of states hostile...more

10/31/2016 - Arbitration Arbitration Agreements Binding Arbitration Contract Terms Federal Arbitration Act Health Care Providers Healthcare KY Supreme Court Long Term Care Facilities Long-Term Care Nursing Homes Power of Attorney Preemption SCOTUS Skilled Nursing Facility Wrongful Death

Louisiana Rejects Arbitration Clause In Contract Of Adhesion

The Supreme Court of Louisiana refuses to send customers who were injured while playing at Sky Zone to arbitration, finding that the arbitration clause “is adhesionary and therefore unenforceable”. Duhon v. Activelaf, LLC,...more

10/24/2016 - Arbitration Child Safety Contract of Adhesion Contract Terms DirecTV v Imburgia Federal Arbitration Act JAMS LA Supreme Court Mandatory Arbitration Clauses Section 2

Administration Joins Courts In Prohibiting Arbitration In Nursing Home Admissions

Within the U.S. Government, the CFPB has gotten most of the attention for trying to regulate consumer arbitration. But this month, the Centers for Medicare & Medicaid Services (CMS) are bumping the CFPB out of the...more

10/17/2016 - American Bar Association (ABA) Arbitration Arbitration Agreements Binding Arbitration CMS Contract Terms Health Care Providers Healthcare Long Term Care Facilities Long-Term Care Medicaid Medicare Nursing Homes Skilled Nursing Facility

Preemption Parade: FAA Rolls Over Three State Rules

Lest anyone think that the preemption doctrine in arbitration has gone dormant, today’s cases should set the record straight.  Courts have recently found the FAA preempted state rules in Pennsylvania, South Carolina, and...more

10/6/2016 - Arbitration Arbitration Agreements Federal Arbitration Act Health Care Providers Healthcare Nursing Homes USERRA

Futility Trumps Waiver of Arbitration Rights in Third Circuit

Echoing a holding already issued by four other circuits, the Third Circuit recently found that a defendant does not waive its right to arbitration by continuing to litigate in court, if the reason it failed to move to compel...more

9/26/2016 - Arbitration Arbitration Agreements Motion to Compel Real Estate Market

Uber Enforces Arbitration Due To Delegation Clause And Opt Out

The 9th Circuit’s decision to enforce the arbitration agreement in Uber’s agreements with drivers made lots of news last week.  And although it includes no new principles of law, it does emphasize some principles that come up...more

9/15/2016 - Arbitration Arbitration Agreements Class Action Credit Checks Delegation Clauses Hiring & Firing Independent Contractors Mandatory Arbitration Clauses Misclassification Motion to Compel Opt-Outs Sharing Economy Transportation Industry Uber Wage and Hour

Lessons From Recently Vacated Arbitration Awards

While I was busy blogging out listicles and “think pieces” last month, my stack of unread arbitration cases grew exponentially.  August was apparently a very busy month for publishing arbitration opinions.  Maybe most...more

9/7/2016 - Arbitration Arbitration Agreements Arbitration Awards Energy Sector Federal Arbitration Act Football KBR (formerly Kellogg Brown & Root) Mexico NFL Oil & Gas Vacated Work Suspensions Young Lawyers

Five Things That Should Be In Your Arbitration Agreement (Blogiversary Listicle #5)

I am celebrating my fifth anniversary of blogging by publishing one listicle per day this week, and today is the last one (sniff, sniff). To recap: Monday’s topic was the five biggest surprises in arbitration law; Tuesday’s...more

8/26/2016 - Arbitration Arbitration Agreements Federal Arbitration Act Mandatory Arbitration Clauses

Five Biggest Surprises In The Arbitration Process (Blogiversary Listicle #4)

I am celebrating five years of blogging by publishing one “listicle” per day this week. Monday, the topic was the five biggest surprises in arbitration law; Tuesday it was the five states most hostile to arbitration;...more

8/26/2016 - Arbitration Arbitration Agreements Bifurcation Confidentiality Agreements

Five Arbitration Cases You Should Know (Blogiversary Listicle #3)

I am celebrating five years of blogging by publishing one “listicle” per day this week. Monday, the topic was the five biggest surprises in arbitration law; Tuesday it was the five states most hostile to arbitration. (None...more

8/25/2016 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Federal Arbitration Act Oxford Health v Sutter Preemption Severability Doctrine Standard of Review Young Lawyers

Five States Most Hostile To Arbitration (Blogiversary Listicle #2)

I am celebrating five years of blogging by publishing one “listicle” per day this week.  Yesterday, the topic was the five biggest surprises in arbitration law.  Today, it is the five states where I would not want to argue in...more

8/24/2016 - Arbitration Arbitration Agreements Federal Arbitration Act

Five Biggest Surprises In Arbitration Law (Blogiversary Listicle #1)

Do you hear the corks popping, friends??  You should, because the imaginary champagne was just opened and the balloons have been released to the far corners of the internets in honor of ArbitrationNation’s FIFTH ANNIVERSARY! ...more

8/23/2016 - Appeals Arbitration Arbitration Agreements Contract Terms Litigation Strategies Vacatur Young Lawyers

Is Refusal To Pay Fees A Way Out Of Arbitration?

The 9th Circuit recently allowed a claimant to proceed in court after her arbitration had been terminated due to her  failure to pay half the arbitration fees. Tillman v. Tillman, __ F.3d __, 2016 WL 3343785 (9th Cir. June...more

8/10/2016 - Arbitration Arbitration Fees Attorney Malpractice Corporate Counsel Federal Arbitration Act Motion to Dismiss Motion To Lift Automatic Stay Young Lawyers

What’s in a Name?: Defining Arbitration Across the Circuits

What is “arbitration”? Although courts often use and apply the word, rarely do they stop to define it. While the FAA concerns agreements to “settle by arbitration a controversy,” the FAA does not define “arbitration,”...more

8/3/2016 - Arbitration Arbitration Agreements Dispute Resolution Federal Arbitration Act Third-Party Young Lawyers

Federal Courts Teach Arbitration 101 In Recent Opinions

While state courts have been busy articulating novel interpretations of arbitration law this summer, federal courts seem intent on getting back to basics. In recent weeks, federal appellate courts have reminded parties who...more

7/26/2016 - Arbitration Arbitration Agreements Arbitration Awards Burden of Proof Class Action Commercial Contracts Educational Institutions FLSA Motion to Compel Putative Class Actions

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