Liz Kramer

Liz Kramer

Stinson Leonard Street

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Arbitration Clauses Survive Their Contracts 99% Of The Time

The Sixth Circuit recently answered a question I get asked regularly: does an arbitration clause survive the termination of the contract containing it? I usually say yes, and thankfully the Sixth Circuit backed me up....more

4/1/2014 - Arbitration Arbitration Agreements Employment Contract FLSA Mandatory Arbitration Clauses Motion to Compel

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

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

Abstention Trumps Arbitration In Tenth Circuit

The Tenth Circuit this week refused to consider a plaintiff’s substantive arguments about its right to arbitrate because it found abstention was appropriate under the Colorado River doctrine. D.A. Osguthorpe Family P’ship v....more

1/17/2013 - Abstention Arbitration Agreements Dismissals Federal Arbitration Act Motion to Compel Osguthorpe Rooker-Feldman Doctrine Subject Matter Jurisdiction Waivers

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