Liz Kramer

Liz Kramer

Stinson Leonard Street

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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 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

Is Refusal To Pay Fees A Way Out Of Arbitration?

The 9th Circuit recently allowed a claimant to proceed in court after her arbitration had been terminated due to her  failure to pay half the arbitration fees. Tillman v. Tillman, __ F.3d __, 2016 WL 3343785 (9th Cir. June...more

8/10/2016 - Arbitration Arbitration Fees Attorney Malpractice Corporate Counsel Federal Arbitration Act Motion to Dismiss Motion To Lift Automatic Stay 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

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

Don’t Find Yourself SOL: Know Whether the Statute of Limitations Applies to Your Arbitration

Statutes of limitations provide peace of mind for many attorneys and clients, knowing previous conduct cannot lead to liability after a prescribed time period. But, do statutes of limitations apply to arbitration proceedings?...more

6/22/2016 - Arbitration Federal Arbitration Act Mandatory Arbitration Clauses Revised Uniform Arbitration Act Statute of Limitations Uniform Commercial Code (UCC) Young Lawyers

Out On A Limb, 7th Circuit Creates Circuit Split Over Class Arbitration For Employees

Of all the federal circuit courts, I was not expecting the 7th Circuit to venture out on a limb to support the NLRB’s interpretation of the National Labor Relations Act (NLRA) as precluding class arbitration waivers. ...more

6/7/2016 - Arbitration Class Action Class Action Arbitration Waivers Federal Arbitration Act Mandatory Arbitration Clauses NLRA NLRB Pre-Employment Agreements Section 7

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

Sign O’ The Times: SCOTUS Denies Cert In Franchise Arbitration Dispute

On Monday of this week, after stringing the parties along for five months, SCOTUS denied cert in a case involving the intersection between arbitration and franchise regulation. The petition was filed in November of 2015,...more

4/22/2016 - Arbitration Business Profits Federal Arbitration Act Franchise Agreements Franchisee Franchises Mandatory Arbitration Clauses Misrepresentation Preemption Prince Restaurant Industry SCOTUS

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

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

In 3 Recent Decisions, Supreme Court of Arkansas Deeply Divided on Arbitration

The Supreme Court of Arkansas has issued three opinions within the span of four weeks, all on the topic of whether defendants can compel arbitration. Each of the opinions came with a vigorous dissent. The cases offer an...more

3/24/2016 - Arbitration Breach of Contract Federal Arbitration Act Motion to Compel Nursing Homes SCOTUS Unfair or Deceptive Trade Practices

SCOTUS Summarily Reverses Second Arbitration Case This Term

Showing it will soldier on without Justice Scalia, the Supreme Court granted cert, vacated, and remanded an arbitration decision from West Virginia yesterday. Because this is the exact same treatment the Court gave a case...more

3/1/2016 - Arbitration Federal Arbitration Act Remand SCOTUS Vacated

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

January Arbitration Update: Effective Vindication, Class Arbitration, and FAA Preemption

Lots of interesting arbitration law has been made already in 2016, so here is a roundup from the first four weeks of the year. As a teaser, courts have resuscitated the effective vindication doctrine, found arbitrators cannot...more

2/1/2016 - American Arbitration Association Arbitration Attorney's Fees Class Action Corporate Counsel Federal Arbitration Act

3 Year-End Arbitration Lessons From Appellate Courts

Before I can sum up 2015 in arbitration (next post!), I need to report on some new cases coming out of the federal and state appellate courts in recent weeks. Two are just good reminders of basic arbitration law, but the...more

12/21/2015 - Arbitration Family Businesses Federal Arbitration Act Filing Deadlines Interstate Commerce RICO

SCOTUS Finds California’s Contract Interpretation Skills Lacking In New Arbitration Decision

Just under the wire, SCOTUS released an arbitration opinion today, ensuring that 2015 would continue the string of years with cases interpreting the Federal Arbitration Act. In DIRECTV v. Imburgia, the Supreme Court found...more

12/15/2015 - Arbitration Agreements Class Action Arbitration Waivers DirectTV Federal Arbitration Act SCOTUS

“Older Workers” Do Not Have To Arbitrate Statutory Employment Claim

Arbitration is having its 15 minutes of fame. Thanks to a series in the New York Times, my inbox is full of links to the articles, questions about the information, and fascinating commentary. [Next time I am in Oakland, I...more

11/2/2015 - ADEA Arbitration CFPB Class Action Class Action Arbitration Waivers Collective Actions Consumer Financial Products Federal Arbitration Act General Mills New York Times OWBPA

Arbitration Puzzler: Nevada’s Anti-Waiver Rule Preempted; California’s Anti-Waiver Rule Not Preempted

Two opinions came out recently in disputes over the arbitrability of putative class actions alleging that employees were not paid for overtime (and other labor violations). In one, the Nevada Supreme Court acknowledged that...more

10/8/2015 - Arbitration AT&T Mobility AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Federal Arbitration Act Iskanian Iskanian v CLS Transportation NLRA NLRB NV Supreme Court Preemption Putative Class Actions SCOTUS Unconscionable Contracts Unpaid Overtime Wage and Hour

SCOTUS Selects Second Arbitration Case For 2015 Term

2015 was a dry spell in arbitration decisions from the U.S. Supreme Court, but 2016 promises to be much more interesting. In addition to the California case being heard next week, SCOTUS just granted certiorari over another...more

10/2/2015 - Arbitration Arbitration Agreements AT&T Mobility AT&T Mobility v Concepcion CA Supreme Court Certiorari Federal Arbitration Act Independent Contractors Military Service Members Misclassification Motion to Compel SCOTUS Severability Doctrine

Kentucky Supreme Court Compares Giving Up Jury Trial To Giving Up Parental Rights; Refuses To Enforce Arbitration

Nursing home arbitration agreements are among the most unpopular arbitration agreements around.  Last week, Kentucky’s Supreme Court issued a lengthy, but fractured, opinion, finding three arbitration agreements were never...more

9/28/2015 - Arbitration Arbitration Agreements Decedent Protection Federal Arbitration Act Health Care Providers Healthcare Jury Trial KY Supreme Court Long Term Care Facilities Motion to Compel Nursing Homes Personal Property Power of Attorney Preemption Supremacy Clause Wrongful Death

Musings on Tom Brady and Arbitrator Bias

Again this year, a famous athlete put the spotlight on the process of arbitration.  Earlier this month, Tom Brady succeeded in convincing a federal judge to vacate the arbitration award against Brady.  (The four-game...more

9/14/2015 - Arbitration Arbitration Awards Deflategate Federal Arbitration Act Football New England Patriots NFL Tom Brady Work Suspensions

Unvacated: 11th Circuit Finds Repeat Arbitrator Not Biased

The Eleventh Circuit has a lesson for future litigants: the presence of a repeat player is not enough to show the evident partiality needed to vacate an arbitration award under the Federal Arbitration Act. In Johnson v....more

8/28/2015 - Advertising Arbitration Breach of Contract Federal Arbitration Act Motion to Vacate

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