Stinson Leonard Street - Arbitration Nation

Final Means Final: No Reconsideration in Arbitration

Recent decisions from the 3d and 11th Circuits drive home this point: an arbitration award is final and should not be revisited. In Robinson v. Littlefield, 2015 WL 5520017 (3d Cir. Sept. 17, 2015), the parties arbitrated…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Nevada Says Rule 68’s Offer of Judgment Applies In Arbitration

Today’s post is a good one for all those defendants/ respondents who are convinced that they have a slam-dunk case and want to recover their attorneys’ fees.  Because while these particular respondents were not successful, they…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Same Arbitration Story, Different Jurisdiction: NAF, NLRB, and Nursing Homes

Some arbitration topics just never die. This post strings together new cases on three of those topics: 1) whether arbitration agreements that call for the now-defunct National Arbitration Forum (NAF) are enforceable; 2)…more
| Alternative Dispute Resolution (ADR), Health, Labor & Employment Law

“Older Workers” Do Not Have To Arbitrate Statutory Employment Claim

Arbitration is having its 15 minutes of fame. Thanks to a series in the New York Times, my inbox is full of links to the articles, questions about the information, and fascinating commentary. [Next time I am in Oakland, I am…more
| Alternative Dispute Resolution (ADR), Labor & Employment Law

CFPB Likely To Require Access To Class Actions And Data On Individual Arbitrations

Richard Cordray, Director of the Consumer Financial Protection Bureau, has positioned himself as the Boogeyman that financial companies fear this Halloween season. Earlier this month, the CFPB outlined the proposals under…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Consumer Protection, Finance & Banking

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 its…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Communications & Media Law, Conflict of Laws

SCOTUS Selects Second Arbitration Case For 2015 Term

2015 was a dry spell in arbitration decisions from the U.S. Supreme Court, but 2016 promises to be much more interesting. In addition to the California case being heard next week, SCOTUS just granted certiorari over another…more
| Alternative Dispute Resolution (ADR), Labor & Employment Law

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
| Alternative Dispute Resolution (ADR), Civil Procedure, Conflict of Laws, Constitutional Law, Personal Injury

Filing Claim In Court Is Not Enough To Waive Arbitration Right

The issue in analyzing whether a party waived its right to arbitrate is usually whether the defendant waited too long to assert the arbitration obligation.  But, this week the Second Circuit had the opportunity to address…more
| Alternative Dispute Resolution (ADR), Civil Procedure

Musings on Tom Brady and Arbitrator Bias

Again this year, a famous athlete put the spotlight on the process of arbitration.  Earlier this month, Tom Brady succeeded in convincing a federal judge to vacate the arbitration award against Brady.  (The four-game…more
| Alternative Dispute Resolution (ADR), Art, Entertainment, & Sports Law, Civil Procedure

Unvacated: 11th Circuit Finds Repeat Arbitrator Not Biased

The Eleventh Circuit has a lesson for future litigants: the presence of a repeat player is not enough to show the evident partiality needed to vacate an arbitration award under the Federal Arbitration Act. In Johnson v…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

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 to…more
| Alternative Dispute Resolution (ADR), Civil Procedure

A Four-Year Blogiversary – and an Infographic for Compelling Arbitration!

The primary purpose of this blog is to educate lawyers and clients about arbitration law. So, what better way to celebrate my fourth blogiversary than with an awesome new infographic about compelling arbitration! Making a…more
| Alternative Dispute Resolution (ADR)

California Upholds Controversial Arbitration Clause Within Consumer Contract

California is changing its tune. Although previously known for decisions that flouted federal arbitration law, its decision yesterday in Sanchez shows the current California Supreme Court will abide by SCOTUS’s interpretation…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

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
| Alternative Dispute Resolution (ADR), Civil Procedure
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150 South Fifth Street Suite 2300
Minneapolis, MN 55402, United States

Contact: Liz Kramer

  • 612.335.1927
  • 612.335.1657

Areas of Practice
  • Alternative Dispute Resolution (ADR)
Other U.S. Locations
  • D.C.
  • Minnesota
  • North Dakota
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