Liz Kramer

Liz Kramer

Stinson Leonard Street

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Latest Posts › Discovery


Hawaii Finds Arbitration Agreement With “Severe Limitations on Discovery” is Unconscionable

Hawaii issued a bold arbitration decision this month. It applied its state contract law to conclude that the parties did not form a clear arbitration agreement, but even if they did, it was unconscionable because it...more

6/22/2015 - Arbitration Arbitration Agreements Corporate Counsel Declaration of Condominium Discovery Federal Arbitration Act Fiduciary Duty Mediation Punitive Damages Real Estate Market Unconscionable Contracts

ArbitrationNation Roadmap: When Should You Choose JAMS, AAA Or CPR Rules?

Albert Einstein supposedly once said “you have to learn the rules of the game. And then you have to play better than anyone else.”...more

6/27/2013 - Arbitration Arbitration Awards Default Discovery Fees

Third Circuit Clarifies When Additional Discovery Must Be Allowed On Arbitrability

In an opinion that feels a bit like a report from the annual meeting of arbitration nerds, the Third Circuit last week clarified when district courts must allow discovery about arbitrability. ...more

6/3/2013 - Arbitration Class Action Discovery Motion to Compel Summary Judgment

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

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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