Liz Kramer

Liz Kramer

Stinson Leonard Street

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Latest Posts › Preemption


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

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

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

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

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

Third Circuit Finds Pennsylvania Statute Preempted by FAA

The Third Circuit recently found that the Federal Arbitration Act preempts a Pennsylvania statute that restricts corporate plaintiffs in state and federal court in Pennsylvania to those companies that are registered to do...more

3/6/2015 - Federal Arbitration Act Preemption Principal Place of Business

The Next Frontier Of Arbitration Litigation: Lessons From State Courts

After reading more than 40 decisions about arbitration from state high courts, issued just in the past eight months, I have two bits of wisdom to share....more

8/20/2013 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion Litigation Strategies Mandatory Arbitration Clauses Preemption

Ninth Circuit Revives California Law That Allows Plaintiffs Seeking Injunctive Relief To Avoid Arbitration

More than one year ago, a three-judge panel of the Ninth Circuit determined that California case law, which precluded arbitration of claims asking for public injunctive relief, was preempted by the Federal Arbitration Act. ...more

4/18/2013 - Arbitration Federal Arbitration Act Injunctions Preemption Remedies

Fourth Circuit Sends Franchisee To Individual Arbitration, Expands Application Of Concepcion

The Fourth Circuit issued a bold new arbitration decision last week, sending a putative class of shuttle drivers to arbitration while expanding its application of SCOTUS’ Concepcion decision beyond cases involving federal...more

4/9/2013 - Arbitration AT&T Mobility v Concepcion Franchises Preemption Putative Class Actions Unconscionable Contracts

Could Arbitration Of Cost-Prohibitive State Law Claims Be Compelled While Similar Federal Claims Stay In Court?

A recent decision from a federal district court in Tennessee raises a discrepancy in how the courts treat arbitration agreements that hinder a plaintiff’s state law and federal law claims. Cases under the FAA state that...more

2/15/2013 - American Express Arbitration AT&T Mobility AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Delegation Clauses Federal Arbitration Act Preemption SCOTUS State Law Tort Claims

2012 In Arbitration Law: Is Class Arbitration Naughty Or Nice?

The big issue in arbitration law in 2012 was class arbitration. Many state court opinions that had found class arbitration waivers unconscionable were preempted under federal law based on application of Concepcion. And the...more

12/21/2012 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act Preemption SCOTUS Split of Authority Stolt-Nielsen

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