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

Spring State Court Smorgasbord: Seven Decisions Friendly To Arbitration

The last post focused on three recent state appellate court decisions that refused to compel arbitration or vacated an award, and this follow-up post focuses on seven recent cases that are friendly to arbitration…more
 /  Alternative Dispute Resolution (ADR), Commercial Law & Contracts

Spring State Court Smorgasbord: Three Decisions Hostile To Arbitration

The focus today is recent state appellate court decisions on arbitration. Because there are an awful lot of them, I am going to divide them roughly into those that are pro arbitration, and those that are hostile to arbitration…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure

Mall Smoothie Does Not Bind Teenager To Mom’s Arbitration Agreement With Credit Card

A new Seventh Circuit case answers the age-old question: if a fourteen-year-old swipes her mom’s credit card to complete a smoothie purchase at the mall, is she bound to the credit card agreement?…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

Second Circuit Puts Out Simultaneous Class Arbitration Opinions

Two different panels of the Second Circuit issued opinions about class arbitration on the same day last week. One creates a circuit split over how specific parties must be to delegate the availability of class arbitration to…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure

Arbitration In the Eye of the Storm

Sometimes current events provide an occasion perfect storm to educate about arbitration basics. This is one of those occasions. …more
 /  Alternative Dispute Resolution (ADR), Commercial Law & Contracts

State Supreme Courts Falling In Line On Arbitration

Despite how often I talk about whack-a-mole and the tug-of-war between the state courts and SCOTUS on arbitration, the truth is that the majority of state supreme courts follow SCOTUS’s arbitration precedent (whether holding…more
 /  Alternative Dispute Resolution (ADR), Business Torts, Civil Procedure

Providing For De Novo Review of Award Can Invalidate The Arbitration Agreement

A recent decision from the 10th Circuit shows there is a whole new way to invalidate an arbitration agreement. In Citizen Potawatomi Nation v. Oklahoma, 2018 WL 718606 (10th Cir. Feb. 6, 2018), the court found the arbitration…more
 /  Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Indigenous Peoples

Fourth Circuit Finds Arbitration Award Not Confirmable Because Not “Final”

The Fourth Circuit issued an opinion last week in an under-developed area of arbitration law: when are awards “mutual, final, and definite”? This is an important issue because under Section 10(a)(4) of the Federal Arbitration…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure

Federal Courts Do Not Appreciate Defendants Obtaining Arbitration Agreement From Active Plaintiff

In today’s post, we pick up where the 4th Circuit left off a few weeks ago — with federal circuit courts finding ways to avoid enforcing arbitration agreements that are obtained years after litigation has commenced…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Finance & Banking

Sorry, Arbitration Agreements Are Not For The Courts' Benefit

The Supreme Court of Nebraska gave an unpleasant surprise to its trial court judges last week: they cannot enforce arbitration agreements sua sponte. Boyd v. Cook, 298 Neb. 819 (Feb. 2, 2018)…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

4th Circuit Finds Club Waived Right To Compel Arbitration Of Exotic Dancers’ Claims

In a recent opinion, the Fourth Circuit cited waiver as its basis to refuse to compel arbitration, but the result seems animated by a sense that the arbitration agreements were unenforceable. Degidio v. Crazy Horse Saloon &…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Back to Arbitration Basics: Recent Federal Decisions (and a SCOTUS preview)

Remember when Maria sang “Let’s start at the very beginning, it’s a very good place to start”? Well, that seems to be what federal circuit courts are doing with their arbitration decisions recently. This post will run through…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Commercial Law & Contracts, Constitutional Law

Un-Vacated: Arbitration Awards Get Whiplash

Two cases recently fit in one of my favorite categories: those awards that get “un-vacated.” These cases went through arbitration, had that arbitration award vacated by a district court, only to have the award later resurrected…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure

Are Arbitration Agreements With Attorneys Unenforceable? Maine Says Yes (Mostly).

While I was busy writing deep thoughts about arbitration at the end of 2017 , courts around the country rudely kept churning out new arbitration opinions. Hmph. So, I have some catching up to do. I start with one that has…more
 /  Alternative Dispute Resolution (ADR), Commercial Law & Contracts

Tale of Two Arbitrations: Demonstrating The FAA In Flux

Whenever people ask me why I choose arbitration law to write and talk about, one of the reasons I give is that the law is in flux, creating a demand for information and analysis. Despite the fact that the Federal Arbitration…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts
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