Liz Kramer

Liz Kramer

Stinson Leonard Street

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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

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

Top 5 Things the Financial Industry Needs to do in Response to the CFPB’s Proposed Arbitration Rule

On May 5, 2016, the Consumer Financial Protection Bureau (CFPB) announced a long awaited and highly controversial proposed rule that, if adopted, would prohibit certain financial services companies from banning consumer class...more

7/25/2016 - Arbitration Arbitration Agreements CFPB Class Action Class Action Arbitration Waivers Consumer Contracts Consumer Financial Products Dodd-Frank Financial Sector Financial Services Industry Mandatory Arbitration Clauses

Class Rep Can Opt Out of Arbitration for All (And Other Recent State Court Anomalies)

Continuing last week’s theme of “States Gone Wild,” here are three more oddball summer decisions from state supreme courts. All of them find interesting paths around federal case law (IMHO). Georgia Says Class Complaint...more

7/15/2016 - Arbitration Arbitration Agreements Banking Sector Banks Class Action Class Action Arbitration Waivers Construction Defects Construction Industry Consumer Financial Contracts Contractors D.R. Horton Health Care Providers Motion to Compel Nursing Homes Overdraft Fees Severability Doctrine SunTrust Wrongful Death

Three Blockbuster Summer Arbitration Decisions

While regular people count down the days to summer blockbusters that come in the form of high-paid actors fighting aliens or robots, I prefer my summer blockbusters in the form of arbitration opinions that have been months in...more

7/11/2016 - Adverse Employment Action Arbitration Arbitration Agreements Arbitration Awards Bonuses Corporate Counsel Employer Liability Issues Federal Arbitration Act Hiring & Firing KY Supreme Court Law Firm Ownership MI Supreme Court Motion for Summary Judgment Motion to Compel NH Supreme Court Preemption Res Judicata Termination Theater Productions Vacated

New Jersey Becomes Third Recent State Court to Refuse To Enforce Delegation Clause

In a decision that appears intentionally controversial, the Supreme Court of New Jersey yesterday refused to enforce the delegation clause in a for-profit college’s enrollment agreement in a 5-1 opinion. Morgan v. Sanford...more

6/16/2016 - Arbitration Arbitration Agreements Delegation Clauses For Profit Colleges Misrepresentation NJ Supreme Court Student Enrollment Unfair or Deceptive Trade Practices

Fishermen Avoid Being Caught In Arbitration’s Net

What are the defining characteristics of an arbitration agreement? The dissent in a new 9th Circuit case took on that vexing issue, while the majority sidestepped it altogether while refusing to compel arbitration....more

5/23/2016 - Arbitration Arbitration Agreements Corporate Counsel Federal Arbitration Act Fishing Industry Motion to Compel Purchase Agreement

Hold Onto Your Hats: CFPB Proposed Rules Will Lead to Lots of Class Action Litigation

Yesterday, the Consumer Financial Protection Bureau proposed the rules that it previewed last fall, following up on its Arbitration Study. Those rules would essentially ban class action waivers from consumer financial...more

5/6/2016 - Arbitration Arbitration Agreements CFPB Class Action Class Action Arbitration Waivers Consumer Contracts Consumer Financial Products Dodd-Frank Financial Services Industry Service Contracts

Emerging Trends in Arbitration: Battle Brewing Between Executive and Judicial Branches

In recent years, arbitration has become a divisive issue. Exemplifying the increased public focus on arbitration, The New York Times ran a three-part series in 2015 that was very critical of the state of arbitration law. In...more

4/12/2016 - Arbitration Arbitration Agreements CFPB Class Action Class Action Arbitration Waivers Consumer Contracts Consumer Financial Products Dodd-Frank Federal Arbitration Act Financial Sector Financial Services Industry Mandatory Arbitration Clauses NLRB Putative Class Actions Service Contracts

Fourth Circuit Finds Availability Of Class Arbitration Is Question For Courts, Not Arbitrators

Joining the Sixth and Third Circuit Courts of Appeals, the Fourth Circuit this week held that “whether an arbitration clause permits class arbitration is a gateway question of arbitrability for the court.” Dell Web...more

3/31/2016 - Arbitration Agreements Class Action Class Arbitration Construction Defects Construction Industry Mandatory Arbitration Clauses Residential Real Estate Market

Exhibit C For The Case That California Is No Longer Anti-Arbitration

The Supreme Court of California this week enforced the arbitration agreement between an employee and employer. Yes, you read that right. While reputed to be reliably anti-arbitration, California’s highest court continues to...more

3/30/2016 - Arbitration Agreements CA Supreme Court Federal Arbitration Act Pre-Employment Agreements Unconscionable Contracts

Ninth Circuit Refuses To Enforce Arbitration Clause In Sham Franchise Agreement

A short new opinion from the Ninth Circuit may run counter to long-standing Supreme Court precedent. In Casa Del Caffe Vergnano v. Italflavors, 2016 WL 1016779 (9th Cir. Mar. 15, 2016), the court refused to enforce an...more

3/17/2016 - Arbitration Agreements Commercial Contracts Corporate Counsel Franchise Agreements Franchisee Hold Harmless Mandatory Arbitration Clauses

Montana Finds Arbitration Agreement Unconscionable For Lack of Mutuality

March comes in like a lion, right?  Well, that’s not true with respect to the weather here in Minneapolis.  But it may be true with respect to arbitration decisions from around the country.  This post focuses on two recent...more

3/14/2016 - AL Supreme Court American Arbitration Association Arbitration Agreements Banking Sector Consumer Contracts Corporate Counsel MT Supreme Court Unconscionable Contracts Young Lawyers

Scalia Sizzled on Arbitration

Justice Scalia wrote some blockbuster decisions about arbitration, enforcing arbitration agreements regardless of their real-world impact, and making a potentially dry topic exciting and contentious. Readers of his opinions...more

2/23/2016 - American Express v Italian Colors Restaurant Arbitration Agreements AT&T Mobility v Concepcion Class Action Arbitration Waivers Corporate Counsel Federal Arbitration Act Justice Scalia Young Lawyers

Three Appellate Courts Remand for Trial on Existence of Agreement to Arbitrate

Most questions of arbitrability can be resolved on motion, using a summary judgment-like standard. However, just like summary judgment, if there are genuine disputes of material fact about whether a claim must be arbitrated...more

2/12/2016 - AL Supreme Court Arbitration Arbitration Agreements Corporate Counsel Motion to Compel

Fourth Circuit Holds Arbitration Agreement May Not Waive All Federal Statutory Rights

This week, the Fourth Circuit interpreted SCOTUS’s Italian Colors decision as precluding the waiver of federal statutory rights in an arbitration agreement.  In this sequel of sorts, the Fourth Circuit interpreted a modified...more

2/5/2016 - American Express v Italian Colors Restaurant Arbitration Agreements Corporate Counsel FDCPA Payday Loans Putative Class Actions SCOTUS Statutory Rights TCPA

SCOTUS’s Arbitration Docket Contracts

The actual and potential arbitration docket at the Supreme Court contracted in the last week due to three events. First, SCOTUS made quick work of an appeal from the Hawaii Supreme Court. Remember when I predicted that...more

1/14/2016 - Arbitration Arbitration Agreements DirecTV v Imburgia SCOTUS

Alabama Acknowledges AAA Rules Authorize Arbitrator To Determine Whether Non-Signatory Is Bound

The Alabama Supreme Court has followed the Eighth Circuit’s lead, concluding that when the parties agree to arbitrate pursuant to the AAA Rules, they have clearly and unmistakably authorized the arbitrator to determine who is...more

1/11/2016 - AL Supreme Court American Arbitration Association Arbitration Arbitration Agreements Non-Signatories

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