The First Circuit vacated an order compelling arbitration after finding that the arbitrator selection clause was unconscionable. The court nevertheless remanded the case to the district court to determine if the selection...more
7/29/2020
/ Arbitration ,
Arbitration Agreements ,
Arbitrator Selection Disputes ,
Arbitrators ,
Contract Interpretation ,
Forum Selection ,
Motion for Reconsideration ,
Motion to Compel ,
Puerto Rico ,
Remand ,
Unconscionable Contracts ,
Vacated
The First Circuit Court of Appeals recently rejected a party’s argument that an arbitration agreement was unenforceable because the contract containing the arbitration clause had been allegedly terminated and superseded. The...more
The U.S. District Court for the Southern District of Texas recently compelled arbitration against insurers but not brokers related to a commercial insurance dispute....more
6/19/2020
/ Arbitration ,
Arbitration Agreements ,
Commercial Insurance Policies ,
Convention on the Recognition and Enforcement of Foreign Arbitral Awards ,
Denial of Insurance Coverage ,
Hurricane Harvey ,
Insurance Brokers ,
Insurance Litigation ,
Lloyds of London ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Non-Signatories ,
Policy Terms ,
Property Damage ,
Unconscionable Contracts
The U.S. District Court for the Southern District of Texas recently compelled arbitration despite an insured’s claim that the operative arbitration clause was unconscionable because it required the arbitration panel to...more
The Eight Circuit has rejected a plaintiff’s claim that an arbitration clause in a retainer agreement she signed with a law firm after receiving a call from a purported agent of the firm informing her of a purported...more
12/11/2019
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Ethics Breach ,
Jury Trial ,
Legal Ethics ,
Legal Representatives ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Negligent Misrepresentation ,
Professional Liability ,
Retainer Fees ,
Transvaginal Mesh ,
Unconscionable Contracts ,
Unenforceable Contract Terms ,
Waiver of Rights
The U.S. District Court for the Northern District of Texas compelled arbitration in a putative Fair Labor Standards Act class action based on language in a “notice to employees” that put the plaintiffs on notice that they...more
11/19/2019
/ Arbitration ,
Arbitration Agreements ,
Binding Arbitration ,
Contract Terms ,
Electronic Agreements ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Illusory Contracts ,
Labor Law Violations ,
Labor Regulations ,
Motion to Compel ,
Putative Class Actions ,
Unconscionable Contracts
A district court has granted a motion to compel arbitration based on an arbitration clause in an agreement sent via text message and agreed to via a reply text. ...more
7/18/2019
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Debt Collection ,
Debt Collectors ,
EFTA ,
Financial Services Industry ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Notice Requirements ,
Putative Class Actions ,
Text Messages ,
Third-Party Service Provider ,
Unconscionable Contracts
The U.S. District Court for the Northern District of Alabama has compelled arbitration despite a former employee’s claim that the arbitration clause in the policy at issue was unconscionable under the circumstances related to...more