Liz Kramer on Arbitration

The Relationship Is Governed By Multiple Agreements And Not All Require Arbitration; Must You Arbitrate?

In the past few months, two federal appellate courts have had to determine whether parties were bound to arbitrate claims that arose from relationships governed by multiple agreements, only some of which called for...more

5/23/2013 - Arbitration Attorney's Fees Breach of Contract

Federal Circuit Refuses To Enjoin International Arbitration Of Patent Claims

Just after I posted about the awesome power of federal courts to enjoin other cases, the Federal Circuit reminds us the power is not absolute....more

5/16/2013

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

Federal Courts Can Enjoin State Court Litigation Of Arbitrable Claims

In a new case that reminds federal judges everywhere to sing “I’ve got the power!” like C&C Music Factory, the Fifth Circuit reiterates that federal courts can stay related state court actions if necessary to “protect or...more

5/3/2013 - Arbitration Beneficiaries Homosexuality Injunctions Insurers Life Sciences Same-Sex Marriage

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

Ninth Circuit Revives California Law That Allows Plaintiffs Seeking Injunctive Relief To Avoid Arbitration

More than one year ago, a three-judge panel of the Ninth Circuit determined that California case law, which precluded arbitration of claims asking for public injunctive relief, was preempted by the Federal Arbitration Act. ...more

4/18/2013 - Arbitration Federal Arbitration Act Injunctions Preemption Remedies

Fourth Circuit Sends Franchisee To Individual Arbitration, Expands Application Of Concepcion

The Fourth Circuit issued a bold new arbitration decision last week, sending a putative class of shuttle drivers to arbitration while expanding its application of SCOTUS’ Concepcion decision beyond cases involving federal...more

4/9/2013 - Arbitration AT&T Mobility v Concepcion Franchises Preemption Putative Class Actions Unconscionable Contracts

Sixth Circuit Paints Vivid Picture Of “Evident Partiality” Sufficient To Vacate Arbitration Award

One of the very few ways to show evident partiality by an arbitrator is to show the arbitrator had financial ties to a party or witness in the proceeding, another is to show the arbitrator prejudiced a party by reversing a...more

4/5/2013 - Arbitration Arbitration Awards Attorney's Fees Damages Discovery Impartiality Proof of Loss

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

Seventh Circuit Is Sick Of Arbitration Appeals; Threatens “High Risk Of Sanctions”

In an opinion released yesterday, the Seventh Circuit schooled appellant’s counsel first on the application of the New York Convention and Panama Convention, then on the high standard of review it applies to commercial...more

3/20/2013 - Arbitration Arbitration Awards Federal Arbitration Act Motion to Vacate Sanctions

Contributions To Arbitrator’s Judicial Campaign Are Not Enough To Establish “Evident Partiality”

The Third Circuit refused to vacate an arbitrator’s award, despite allegations that she failed to disclose contributions the defendant’s parent company had made to her judicial campaign and failed to disclose that she...more

3/13/2013 - Arbitration Federal Arbitration Act Impartiality Political Contributions

Study Of Corporate Counsel Shows Arbitration Is Past Its “Tipping Point,” Usage Declining

A new article is out with more detail about how opinions among counsel for Fortune 1000 companies have changed over the last 15 years with respect to arbitration and mediation....more

3/11/2013 - Arbitration Litigation Strategies Mediation

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

Could Arbitration Of Cost-Prohibitive State Law Claims Be Compelled While Similar Federal Claims Stay In Court?

A recent decision from a federal district court in Tennessee raises a discrepancy in how the courts treat arbitration agreements that hinder a plaintiff’s state law and federal law claims. Cases under the FAA state that...more

2/15/2013 - AmEx Arbitration AT&T Mobility v Concepcion Class Action Cost Prohibitive Arbitration Defense Delegation Clauses Federal Statutory Rights Preemption SCOTUS State Law Tort Claims

Prius Owners Put The Brakes On Arbitration With Non-Signatory Toyota

The Ninth Circuit ruled this week that a class of car owners could pursue their court claims against the manufacturer, Toyota, for product defects and false advertising, despite the existence of an arbitration agreement in...more

2/4/2013 - Arbitration Car Dealerships Equitable Estoppel False Advertising Manufacturing Defects Prius Purchase Agreement Toyota

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

Defendant Did Not “Waive” Goodbye to Arbitration Despite Litigating For 6 Months

In contrast to recent decisions from other circuit courts, the Fourth Circuit found a defendant did not waive its right to arbitrate, despite litigating for more than 6 months and conducting discovery. Rota-McLarty v....more

12/5/2012 - Arbitration Discovery

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Liz Kramer

Leonard, Street and Deinard

Latest Posts › Arbitration