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
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

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

SCOTUS Hearing Arbitration Case Wednesday; Spotlight On State Cases

While the Supreme Court has put off hearing a more contentious arbitration case until the fall (presumably in hopes that it will have nine justices by then), tomorrow it will hear the nursing home arbitration case from Kentucky…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

3 Class Actions, 3 Motions to Compel Arbitration, 1 Class Action Survives

The Ninth, Sixth, and Third Circuits all recently issued decisions about whether putative class or collective actions could proceed despite the existence of arbitration clauses. In two of those decisions, the courts found the…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure

Two States Buck FAA Preemption, While Alabama Stays the Course

Three state supreme courts tackled arbitration law in recent weeks: Alabama, North Carolina, and Rhode Island. Rhode Island reversed a construction arbitration award because it disagreed with the arbitrator’s analysis. North…more
 /  Alternative Dispute Resolution (ADR), Business Torts, Civil Procedure, Commercial Law & Contracts, Conflict of Laws

10th Circuit Resolves One Arbitrability Circuit Split, But Creates Another

If you are a party that wants courts to rigidly enforce delegation clauses – sending questions about even the validity of the agreement to arbitration – then you will appreciate a new decision from the Tenth Circuit. In Belnap…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure

Kardashians Kept Out of Arbitration (and other recent arbitration news)

Just three weeks into the year and already my pile of arbitration cases is a skyscraper! So, I will cover a lot of ground in this update. First, the headline. Kimberly, Kourtney, and Khloe Kardashian moved to compel…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

2016 in Arbitration Law: Fleeting Victories for Consumer Advocates?

If I had drafted this annual summary post on November 7, 2016, it would have looked different. At that point, the year had produced numerous (final or proposed) federal regulations that significantly restricted the use of…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Health, Labor & Employment Law

Nebraska Real Estate And Nebraska Borrowers, But Federal Arbitration Act Applies

In a fight over whether a single lending transaction involved interstate commerce, the Supreme Court of Nebraska found the Federal Arbitration Act (FAA) applied and preempted its state arbitration act. Wilczewski v. Charter…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure
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