Stinson Leonard Street - Arbitration Nation

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

Fuzzy Math? 6 Differing Arbitration Agreements = 0 Arbitration Agreement

If you ever wanted an “Exhibit A” for how drafting arbitration agreement(s) could go very, very wrong, the Tenth Circuit has just provided it. In Ragab v. Howard, __ F.3d __, 2016 WL 6832870 (10th Nov. 21, 2016), a majority of…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

8th Circuit Expands Arbitral Immunity Doctrine

A per curiam opinion from the 8th Circuit last week highlights that even if an arbitration goes off the rails, the only remedy is vacating (or confirming) the award. The parties cannot recover from the administrator of the…more
| Alternative Dispute Resolution (ADR), Civil Procedure

After Five Years In Court, West Virginia Finds Plaintiff Did Not Waive Right To Arbitrate

The highest state court in West Virginia just found that a credit card company did not waive its right to arbitrate, despite initially choosing a court forum and waiting almost five years to raise its right to arbitrate. That…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Finance & Banking

Arbitrator’s False Credentials Are Sufficient To Vacate Award

In most circumstances, the Federal Arbitration Act requires that the losing party move to vacate an arbitration award within three months. However, the Ninth Circuit recently ruled that the three-month timeline can be tolled,…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Finance & Banking

SCOTUS Accepts Review of Kentucky Nursing Home Arbitration Case

On October 28, the Supreme Court granted a cert petition in a case in which the Kentucky Supreme Court refused to enforce arbitration agreements in nursing home agreements.  (Kentucky recently topped my list of states hostile to…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Health

Louisiana Rejects Arbitration Clause In Contract Of Adhesion

The Supreme Court of Louisiana refuses to send customers who were injured while playing at Sky Zone to arbitration, finding that the arbitration clause “is adhesionary and therefore unenforceable”. Duhon v. Activelaf, LLC, __…more
| Alternative Dispute Resolution (ADR), Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts
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Contact

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)
Locations
Other U.S. Locations
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  • Minnesota
  • North Dakota
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