Liz Kramer

Liz Kramer

Stinson Leonard Street

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Third Circuit Finds Two Months Of Litigation Sufficient To Waive Right To Arbitrate

In a decision this week, the Third Circuit found two related parties had waived their right to arbitrate claims. One was no suprise — it had vigorously litigated the dispute for eleven months....more

5/5/2014 - Arbitration Arbitration Agreements Waivers

SCOTUS Says “Tough Luck” To Plaintiffs Whose Claims Are Too Pricey To Prove In Individual Arbitrations

In American Express Co. v. Italian Colors Restaurant, a divided Supreme Court today reversed the Second Circuit and held that plaintiffs may not invalidate an arbitration agreement containing a class action waiver merely...more

6/21/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Federal Arbitration Act Legal Costs SCOTUS Sherman Act The Clayton Act Waivers

“Cheeky” Maryland Rule, Requiring Mutuality In Arbitration Agreements, Not Preempted Under Concepcion

In most cases, if this blog mentions Concepcion, it means that a court has found a state statute or line of decisions is preempted by the FAA. A Maryland rule, however, recently ran the Concepcion gauntlet and survived. See...more

2/28/2013 - Arbitration Agreements AT&T Mobility v Concepcion Buyers Mutual Agreement Procedure Sellers Severability Doctrine Waivers

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

Eighth Circuit “Owes No Deference” To NLRB Ruling On Class Arbitration

One year ago, the NLRB ruled in D.R. Horton, Inc. that it is a violation of federal labor law for employers to require their employees to sign arbitration agreements waiving class actions, and that any arbitration agreements...more

1/11/2013 - Arbitration Arbitration Agreements Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB Employment Contract FLSA NLRA NLRB Waivers

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