Liz Kramer on Arbitration Agreements

Recipe For The Best Arbitration Agreement Ever (Post #100)

As a thank you to all the subscribers and readers who continue fueling Arbitration Nation’s success, this 100th blog post contains my recipe for the Best Arbitration Agreement Ever. (I know, where did the time go?? The blog...more

5/10/2013 - Arbitration Arbitration Agreements Mandatory Arbitration Clauses

Arbitrator’s Creative IP Remedy Upheld Because It Furthered “General Aims Of Agreement”

In a dispute over whether an arbitrator has authority to grant a video game developer and publisher a perpetual license in the intellectual property as a remedy for the developer’s fraud and breaches of contract, the Fifth...more

4/26/2013 - Arbitration Arbitration Agreements Arbitration Awards Federal Arbitration Act Fraud Remedies Video Games

Plaintiffs Must Arbitrate Individually, Even If It Means No “Pattern-Or-Practice” Claim

All the cool kids are talking about class arbitration lately. . . There are the two cases pending before SCOTUS, and now the Second Circuit confirms its place in the “in crowd” with a decision forcing a class of employees...more

3/28/2013 - Arbitration Arbitration Agreements Class Action Discrimination Gender Discrimination Goldman Sachs SCOTUS

SCOTUS Struggles With Standard Of Review For Arbitrator’s Decision To Allow Class Arbitration

While the oral argument before the United States Supreme Court in Sutter today was ostensibly about whether to affirm an arbitrator’s decision that the parties’ contract authorized class arbitration, the decision really turns...more

3/26/2013 - Arbitration Arbitration Agreements Class Action Class Certification Federal Arbitration Act SCOTUS Standard of Review

Nursing Home Cannot Compel Arbitration Under Agreement Signed By Deceased Resident’s Son

The Eighth Circuit made quick work of a nursing home’s argument in favor of compelling arbitration this week. In a suit alleging negligent care of a resident, the court ruled that the arbitration agreement was not...more

3/7/2013 - Arbitration Agreements Nursing Homes

SCOTUS Hears AmEx III: Argument Highlights

The Supreme Court heard arguments in AmEx III today, the case that presents the question whether an arbitration agreement precluding class actions can be invalid if it makes it impossible for plaintiffs to vindicate federal...more

2/28/2013 - American Express AmEx Arbitration Agreements Class Action Federal Statutory Rights Rule 23 SCOTUS Transcripts

“Cheeky” Maryland Rule, Requiring Mutuality In Arbitration Agreements, Not Preempted Under Concepcion

In most cases, if this blog mentions Concepcion, it means that a court has found a state statute or line of decisions is preempted by the FAA. A Maryland rule, however, recently ran the Concepcion gauntlet and survived. See...more

2/28/2013 - Arbitration Agreements AT&T Mobility v Concepcion Buyers Mutual Agreement Procedure Sellers Severability Doctrine Waivers

Authority To Enter Into Contract Is Issue For Courts, Not Arbitrators

The Third Circuit just issued a decision that tries to divine the dividing line between challenges to the formation of contracts containing arbitration clauses (which are presumptively for courts), and challenges to the...more

2/22/2013 - Arbitration Agreements Condominium Associations Contract Formation Ultra Vires

Non-Signatories Lose In Two Federal Circuits When Trying To Enforce Arbitration

Two federal circuit courts recently reversed district court decisions allowing non-signatories to compel arbitration. The analysis emphasizes that for a defendant to prove equitable estoppel compels arbitration, the...more

2/22/2013 - Arbitration Arbitration Agreements Class Action Arbitration Waivers Equitable Estoppel Grocery Stores Motion to Compel Non-Signatories Supply Contracts

DOJ Message To SCOTUS: Do Not Enforce Arbitration Agreements That Invalidate Federal Statutory Rights

On January 29, the U.S. Dept. of Justice filed an amicus brief supporting respondents in AmEx III, arguing that to enforce the class arbitration waiver would be to create a large loophole for important federal laws. The...more

2/8/2013 - AmEx Arbitration Agreements AT&T Mobility v Concepcion Class Action Arbitration Waivers DOJ SCOTUS Solicitor General

Any Agreement To Submit Disputes To A Third Party Is An “Arbitration Agreement” Subject To FAA

Did you know that you can form an arbitration agreement without ever using the word “arbitration”? That’s what the Second Circuit held this week in Bakoss v. Certain Underwriters at Lloyds of London, __ F.3d __, 2013 238708...more

1/25/2013 - Arbitration Agreements Federal Arbitration Act

Abstention Trumps Arbitration In Tenth Circuit

The Tenth Circuit this week refused to consider a plaintiff’s substantive arguments about its right to arbitrate because it found abstention was appropriate under the Colorado River doctrine. D.A. Osguthorpe Family P’ship v....more

1/17/2013 - Abstention Arbitration Agreements Dismissals Federal Arbitration Act Motion to Compel Osguthorpe Rooker-Feldman Doctrine Subject Matter Jurisdiction Waivers

Eighth Circuit “Owes No Deference” To NLRB Ruling On Class Arbitration

One year ago, the NLRB ruled in D.R. Horton, Inc. that it is a violation of federal labor law for employers to require their employees to sign arbitration agreements waiving class actions, and that any arbitration agreements...more

1/11/2013 - Arbitration Agreements Class Action Arbitration Waivers D.R. Horton Employment Contract FLSA NLRB Waivers

The Only Four Good Reasons To Put Arbitration In Your Contract

Let’s say you are considering updating your form contract, or you are in the midst of negotiating a new contract with someone. Should you include mandatory arbitration for resolving any disputes? Assuming you have the...more

1/7/2013 - Arbitration Arbitration Agreements

2012 In Arbitration Law: Is Class Arbitration Naughty Or Nice?

The big issue in arbitration law in 2012 was class arbitration. Many state court opinions that had found class arbitration waivers unconscionable were preempted under federal law based on application of Concepcion. And the...more

12/21/2012 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act Preemption SCOTUS Split of Authority Stolt-Nielsen

Preview Of SCOTUS’s 2013 Double-Feature On Class Arbitration

Just last Friday, the Supreme Court agreed to review a second circuit court case that allowed a class action to proceed, despite arguments that the arbitration clause precluded any collective actions. The granting of these...more

12/11/2012 - Arbitration Arbitration Agreements Class Action Federal Arbitration Act SCOTUS

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Liz Kramer

Leonard, Street and Deinard

Latest Posts › Arbitration Agreements