Liz Kramer

Liz Kramer

Stinson Leonard Street

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Court Vacates $125M Award Due To Arbitrator’s Misleading Disclosures

Today we take a close look at that rare creature: an opinion finding sufficient basis under the FAA to vacate an arbitration award. In Tenaska Energy Inc. v. Ponderosa Pine Energy, LLC, __S.W.3d __, 2014 WL 2139215 (Tex. May...more

6/2/2014 - Arbitration Arbitrators Disclosure Federal Arbitration Act Misleading Statements

Labor Arbitrator Authorized To Void Agreement Based On Mutual Mistake

This week the Eighth Circuit confronted an interesting question: if a union member believed he failed a drug test, and therefore agreed his employer could terminate him if he tested positive again, can the arbitrator...more

5/16/2014 - Arbitration Arbitrators Last Chance Agreements Mistake Unions

SCOTUS Will Not Reconsider Fate Of Delaware’s Business Arbitrations; NLRB’s Class Action Arbitration Decision Loses Again

SCOTUS announced today that it would not review the Third Circuit’s decision in Strine v. Delaware Coalition for Open Government, Inc, holding that Delaware’s Chancery Court could not offer its judges’ services as neutral...more

3/24/2014 - Arbitrators Class Action Collective Actions Federal Arbitration Act FLSA NLRB SCOTUS

3d Circuit Says Delaware Can’t Have Secret Arbitrations By Judges

The Third Circuit ruled last week that Delaware’s Chancery Court could not offer its judges’ services as neutral arbitrators in its courtrooms, unless those arbitrations were open to the public. In 2009, the Delaware...more

10/29/2013 - Arbitration Arbitrators Judges

Arbitration Awards Cannot Be Vacated Just Because Arbitrator Excluded Evidence

In two decisions this week, courts consider whether arbitration awards can be violated based on arbitrators’ decisions to exclude evidence. ...more

8/2/2013 - Arbitration Arbitration Awards Arbitrators Evidence Exclusions Vacated

Court Affirms Arbitrator’s Decision To Preclude Party From Defending Against Claim As Sanction For Fabricating Evidence

In a decision that confirms arbitrators’ broad discretion to not only fashion remedies, but also fashion sanctions, the Minnesota Court of Appeals held that an arbitrator did not exceed his power by issuing a severe sanction:...more

7/24/2013 - Arbitration Arbitrators Claim Preclusion Evidence Federal Arbitration Act Sanctions

If “Grave Error” Is Not Enough To Vacate An Arbitrator’s Decision, What Is?

The recent Sutter decision drives home repeatedly that a court may not vacate an arbitrator’s decision under the FAA just because a judge thinks the arbitrator reached the wrong result. ...more

7/11/2013 - Arbitration Arbitrators Binding Arbitration Federal Arbitration Act Plain Error

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