Stinson Leonard Street - Arbitration Nation

150 South Fifth Street Suite 2300
Minneapolis, MN 55402, United States

Contact: Liz Kramer

  • 612.335.1927
  • 612.335.1657

Who Decides Whether New Claims Are Precluded By Old Arbitration? An Arbitrator, Says 2d Circuit

We all know that the doctrines of issue preclusion (collateral estoppel) and claim preclusion (res judicata) apply with equal force to both arbitration awards and court orders. But, if your adversary brings new claims that you…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Finance & Banking

SCOTUS Allows California to Interpret Federal Arbitration Act As Excluding Private Attorney General Claims

Today, the U.S. Supreme Court denied the petition for certiorari in the Iskanian case from the California Supreme Court. In doing so, SCOTUS allowed one of the most interesting Federal Arbitration Act interpretations in recent…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law

Second Circuit Un-Vacates Arbitration Award, Finding No Manifest Disregard

The Second Circuit reversed a district court’s vacatur of an arbitration award this week, finding that the arbitration panel did not manifestly disregard the law when it refused the respondent’s reading of a state statute. …more
| Alternative Dispute Resolution (ADR), Civil Procedure, Real Estate - Residential

2014: The Year of Arbitrator Authority

A lot of interesting arbitration law was made this year, on topics from validity to vacatur, but the banner issue was arbitrator authority.  SCOTUS announced that theme for the year with its BG Group decision in March and…more
| Alternative Dispute Resolution (ADR), Conflict of Laws

First Circuit Finds Plaintiff Waived Right to Arbitrate by Litigating for 9 Months

We haven’t had a good waiver case in a while. The First Circuit served one up last week with a flourish, teaching me multiple new words in the process (not for the first time, either). It found that a plaintiff had waived its…more
| Alternative Dispute Resolution (ADR), Civil Procedure

New Survey Dispels Common Myths About Arbitration

Did you know that 87% of experienced arbitrators report *always* trying to follow applicable law in rendering an award? That will come as a surprise to many critics who like to complain that arbitrators do not adhere to…more
| Alternative Dispute Resolution (ADR), Electronic Discovery, Labor & Employment Law

Sirius XM Faces Class Action Because Arbitration Agreement Provided Late Is Invalid

A few months ago, the Ninth Circuit found that the arbitration agreement in Barnes & Noble’s website was not enforceable. This week, the Ninth Circuit found that the arbitration agreement Sirius XM Radio relied upon was not…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Communications & Media Law

Hawaii Finds Unilateral Arbitrator-Selection Provision Fundamentally Unfair

The Supreme Court of Hawai’i concluded last week that it is fundamentally unfair to allow one party to an arbitration agreement to unilaterally select the arbitral forum. Nishimura v. Gentry Homes, Ltd., __ P.3d__, 2014 WL…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Construction Law

Don’t Sign Your Spouse’s Arbitration Agreement, And Other Lessons From Non-Signatories

In three cases in recent months, courts have found that plaintiffs who did not sign an arbitration agreement (non-signatories) are not obligated to arbitrate. In all three cases, a key issue was that the plaintiff’s claims in…more
| Alternative Dispute Resolution (ADR), Civil Procedure

“Harmonizing” Contract Language Leads Two Circuit Courts To Deny Arbitration

Two parties recently convinced federal circuit courts that the language of their arbitration agreements was not sufficient to compel arbitration of their disputes. Both cases turned on how courts “harmonize” language from…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

Second Federal Circuit Court Refuses To Enforce Arbitration By South Dakota Tribe

Using a different analysis, but reaching the same result as a recent decision from the Seventh Circuit, the Eleventh Circuit agreed that a defendant could not compel arbitration of consumer claims before the Cheyenne River Sioux…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Consumer Protection, Indigenous Peoples

Minnesota Supreme Court Finds AAA Rules Give Arbitrator Power To Issue Sanctions Over $600 Million

The Minnesota Supreme Court today unanimously confirmed an arbitration award of over $600 million in punitive sanctions. Seagate Technology, LLC v. Western Digital Corp., (Minn. Oct. 8, 2014). Although the appellant argued the…more
| Alternative Dispute Resolution (ADR), Civil Remedies, Elections & Politics, International Law & Trade

Five Tips for State Courts Considering Whether to Vacate Arbitration Awards (ahem, South Dakota, Ohio)

In an example of “What Not to Vacate,” the South Dakota Supreme Court just vacated an arbitration award because the arbitrator dared to apply a South Dakota statute allowing attorneys’ fees to the claimant. A week earlier, the…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies

Arkansas and New Jersey Sidestep Concepcion Hurdle and Declare Consumer Arbitrations Invalid

Two state supreme courts found consumer arbitration agreements unenforceable in the past week: Arkansas and New Jersey. Arkansas grounded its decision on the lack of mutuality in the consumer arbitration agreement (similar to…more
| Alternative Dispute Resolution (ADR), Civil Procedure

End Of The World As We Know It (for Employment Arbitration)?

Cue the R.E.M folks, because the Supreme Court of Missouri issued a 4-3 opinion recently that appears to upend many employment arbitration agreements in that state. Baker v. Bristol Care, Inc., __ S.W.3d__, 2014 WL 4086378 (Mo…more
| Alternative Dispute Resolution (ADR), Labor & Employment Law
Showing 1-15 of 117 Results
|
View per page
Page: of 8
Areas of Practice
  • Alternative Dispute Resolution (ADR)
Locations
Other U.S. Locations
  • D.C.
  • Minnesota
  • North Dakota
This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.