Liz Kramer

Liz Kramer

Stinson Leonard Street

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To (b)(1) or not to (b)(1): What to Call your Rule 12 Arbitration Motion

Let’s say your client gets sued in court, the parties have an arbitration agreement, and you want to compel arbitration right away and not mess around with any other court proceedings. You already know you can make a motion...more

8/21/2015 - Arbitration Arbitration Agreements Federal Arbitration Act Federal Rule 12(b)(1) Federal Rule 12(b)(6) Motion to Compel

Second Circuit Clarifies That Arbitrable Claims Should Be Stayed, Not Dismissed

Parties who ask a court to compel arbitration of all the plaintiff’s claims have a decision to make: should they ask the court to stay the claims or dismiss them (if it finds them arbitrable)? After noting that the federal...more

7/30/2015 - Arbitration Dispute Resolution Federal Arbitration Act Motion to Compel Motion To Stay

State Courts Disagree About Incorporating Arbitration Agreements By Reference (Post #200!)

One way to challenge the very existence of an agreement to arbitrate is to say that the parties’ contract said nothing about arbitration and did not validly incorporate any other document calling for arbitration. Oklahoma...more

7/22/2015 - Arbitration Arbitration Agreements Automotive Industry Dispute Resolution Insurance Industry Mediation Motion to Compel

“Harmonizing” Contract Language Leads Two Circuit Courts To Deny Arbitration

Two parties recently convinced federal circuit courts that the language of their arbitration agreements was not sufficient to compel arbitration of their disputes. Both cases turned on how courts “harmonize” language from...more

10/23/2014 - Arbitration Arbitration Agreements Contract Interpretation Motion to Compel

A Motion To Compel Arbitration “Answers” A Complaint

I field a lot of good procedural questions about how arbitration pleadings should be styled. Some of them are answered within the text of the FAA, but many of them leave clerks of court and practitioners scratching their...more

4/28/2014 - Arbitration Federal Arbitration Act Motion to Compel

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 Subject Matter Jurisdiction Waivers

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