Liz Kramer

Liz Kramer

Stinson Leonard Street

Contact  |  View Bio  |  RSS

Latest Publications

Share:

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 Stats From The AAA

The American Arbitration Association (AAA) has not released statistics for years (other than to the CFPB). But recently, arbitration geeks got a summer solstice gift of (limited) new information. The piece is only three...more

6/30/2016 - American Arbitration Association Arbitration Biotechnology Construction Disputes Contract Disputes Dispute Resolution Entertainment Industry Insurance Industry Media Pharmaceutical Industry Transportation Industry

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

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

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

9th Circuit Narrows Grounds For Vacating Labor Arbitration Awards

Finding that some of its previous pronouncements were leading district court judges astray, the Ninth Circuit clarified its precedent regarding the scope of review of labor arbitration awards. “We conclude that it is time for...more

5/27/2016 - Arbitration Arbitration Awards Corporate Counsel Employment Contract Vacated

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

Eight [Months] Is Enough — To Waive Your Arbitration Rights

Today’s post is brought to you by the number 8. The 8th Circuit Court of Appeals issued a new opinion yesterday finding that a defendant who litigated in court for 8 months waived its right to arbitrate (aka, ARBITR8)...more

5/11/2016 - Arbitration Breach of Contract Hiring & Firing Motion to Compel Motion to Transfer Rule 26 Wrongful Termination

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

Unvacating Arbitration Awards: Quarterbacks and Car Accidents

The Second Circuit reminded us yesterday that judicial review of arbitration awards is “among the most deferential in the law.” And when district courts are not sufficiently deferential, their decisions are likely to be...more

4/27/2016 - Appeals Arbitration Arbitration Awards Car Accident Damages Deflategate NFL Reversal Tom Brady Vacated

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

Fifth Circuit Finds Federal Jurisdiction Over $10,000 Arbitration Award

The Fifth Circuit recently addressed a hard question: what should the court consider when determining the amount in controversy for purposes of federal jurisdiction over an arbitration award? The court decided to rely on the...more

4/15/2016 - Amount in Controversy Arbitration Arbitration Awards Brokers Federal Jurisdiction

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

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

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

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

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

166 Results
|
View per page
Page: of 7

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×