Stinson Leonard Street - Arbitration Nation

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Firm Profile: Stinson Leonard Street
150 South Fifth Street
Suite 2300
Minneapolis, MN 55402, United States
Contact: Liz Kramer, Communications and Public Relations Manager
Phone: 612.335.1927
Fax: 612.335.1657
Areas of Practice
  • Alternative Dispute Resolution (ADR)
Locations
Other U.S. Locations
  • D.C.
  • Minnesota
  • North Dakota

Vermont Says Court Can’t Force Defendant To Start the Arbitration, Plus Arbitration Decisions from Other State Courts

I declare this the Summer of Arbitration. It’s not as sexy as the Summer of Love (which is celebrating its 50th anniversary, btw http://www.sftravel.com/summer-love-2017), but there has to be some recognition of the avalanche of…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure

CFPB Shows Grit; Issues Rule Curtailing Financial Arbitration

The CFPB yesterday issued a consumer-friendly rule that is likely to significantly curtail the use of arbitration in consumer financial agreements. That rule has two major components. First, it prohibits institutions from…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Consumer Protection, Finance & Banking

Marshal Service for Arbitration Awards, Relic or Requirement?

So you’ve got an arbitration award, what next? In other types of civil cases, the Federal Rules of Civil Procedure (Rules) control service, and they have greatly reduced the role of U.S. Marshals in serving parties. See Fed. R…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure

New Administration Dismantles More Of Obama Arbitration Regulations

It was only a few weeks ago that this blog covered the reversal of the CMS regulation on arbitration in nursing homes. Now, the Trump Administration has altered course on two other issues of arbitration policy…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Elections & Politics, Labor & Employment Law

Sixth Circuit Adds to a Growing Circuit Split; SCOTUS to Decide Scope of Employees’ Arbitration Rights

In National Labor Relations Board v. Alternative Entertainment, Inc., No. 16-1385, 2017 WL 2297620 (6th Cir. May 26, 2017), the Sixth Circuit joined the Seventh and Ninth Circuits in upholding the NLRB’s decision that barring an…more
 /  Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Trump Administration Gives First Peek Into Its Arbitration Strategy

In a first indication of the Trump Administration’s stance on consumer arbitration, the Centers for Medicare & Medicaid Services (CMS) this week issued a new proposed rule that rolls back the Obama Administration’s regulation,…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Elections & Politics, Health

First Circuit Finds Class of Independent Truckers Excluded From Federal Arbitration Act

The Federal Arbitration Act has been in effect for nearly 100 years (92, to be precise). Nevertheless, the First Circuit found two issues of first impression to address this month. In Oliveira v. New Prime, Inc., 2017 WL…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Conflict of Laws, Labor & Employment Law, Transportation

SCOTUS Reverses KY Nursing Home Arbitration Decision; Refuses To Prioritize Right To Jury Trial

Just as I predicted, SCOTUS reversed the Kentucky Supreme Court’s decision in Kindred this morning. The interesting piece, though, is that the seven member majority went out of its way to cut off some of the “on trend” methods…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Conflict of Laws, Personal Injury, Health

Maryland’s Highest Court Finds Small Claims Court Action Waived Right To Arbitrate

It is not uncommon for lenders to exempt small claims actions from their arbitration provisions. The question confronted by the Court of Appeals of Maryland in a recent case was: when a lender opts for small claims court, does…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Finance & Banking

Fifth Circuit Dances On Head of Arbitration Pin

Demonstrating just how difficult it can be to separate questions about the “formation” of an arbitration agreement from the “validity” of that agreement, the Fifth Circuit found this month that when an argument was applied to…more
 /  Alternative Dispute Resolution (ADR), Bankruptcy, Commercial Law & Contracts, Health

8th Circuit Finds ADEA Does Not Preclude Arbitration

One of the few “get out of arbitration free” cards that SCOTUS offers litigants is this: find another federal statute that clearly entitles plaintiff(s) to a court trial. In a recent 8th Circuit case, that court carefully…more
 /  Alternative Dispute Resolution (ADR), Civil Rights, Labor & Employment Law

California Invalidates Waiver of Public Injunctive Relief In Consumer Arbitration Clause

Now that Justice Gorsuch is confirmed and can take the open seat on the Supreme Court, maybe SCOTUS can move forward on the cases about whether employers can make employees waive their right to class actions in an arbitration…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Finance & Banking

Third Circuit Goes On Formation Tour — Issues Arbitration Decisions Favoring Prisoners and Pistachio Buyers

In the past week, the Third Circuit has issued two important decisions on the formation of arbitration agreements. (Sing it Beyoncé! “Okay ladies, now let’s get in formation.”) In one, a class action was allowed to proceed in…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure

New Jersey Says Non-Payment Of Arbitration Fees is Breach of Agreement

The New Jersey Supreme Court refused to allow a respondent to benefit from its refusal to pay arbitration fees in Roach v. BM Motoring, LLC, 2017 WL 931430 (NJ March 9, 2017)…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

Samsung Shut Out Of Arbitration In Recent Consumer Class Actions

Two federal circuit courts of appeals have recently found that documents Samsung included in boxes with consumer products did not effectively create an arbitration agreement. In both cases, the documents had titles indicating…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Communications & Media Law, Science, Computers, & Technology
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