News & Analysis as of

Arbitration

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Robinson+Cole ERISA Claim Defense Blog

Ninth Circuit Holds That Employees’ ERISA Breach of Fiduciary Duty Claim Against Their Employer is Not Subject to the Mandatory...

by Robinson+Cole ERISA Claim Defense Blog on

In Munro v. University of Southern California, No. 17-55550, 2018 U.S. App. LEXIS 20522 (9th Cir. July 24, 2018), the U.S. Court of Appeals for the Ninth Circuit held that employees alleging an ERISA breach of fiduciary duty...more

Mintz Levin - ADR: Advice From The Trenches

After Granting a Motion to Compel Arbitration, a Court Operating Under the FAA Should Stay, Not Dismiss, the Pending Suit. And...

by Mintz Levin - ADR: Advice From The Trenches on

After granting a motion to compel arbitration, should a court operating under the FAA stay or dismiss the pending judicial proceeding? While the federal circuit courts are split on the question, the better rule seems to be...more

Shearman & Sterling LLP

Third Circuit Upholds Customer's Right To FINRA Arbitration Despite Brokerage Agreements' Forum-Selection Clause Providing Right...

by Shearman & Sterling LLP on

On August 7, 2018, the U.S. Court of Appeals for the Third Circuit affirmed a district court order compelling defendant, a broker-dealer and member of the Financial Industry Regulatory Authority (FINRA), to submit to FINRA...more

Holland & Knight LLP

District Court: ESOP Arbitration Provision Doesn't Apply to "Cashed-Out" Participant - Court Does Not Rule, However, That the...

by Holland & Knight LLP on

• The U.S. District Court for the Southern District of Ohio has ruled that the arbitration provision of an employee stock ownership plan (ESOP) does not apply to the plaintiff's class representative because she had "cashed...more

BakerHostetler

Ninth Circuit Finds ERISA Fiduciary Duty Claims Not Arbitrable

by BakerHostetler on

But decision leaves open many questions . . . With the Supreme Court’s Epic Systems decision laying to rest many of the primary arguments used to avoid arbitration, case law continues to develop regarding how arbitration...more

Stinson Leonard Street - Arbitration Nation

Comparison of AAA, JAMS, CPR Commercial Rules (7th Blogiversary!)

by Stinson Leonard Street - Arbitration Nation on

Arbitration Nation is seven years old, and has 330 posts under its belt (and no seven year itch). Hip hip hooray! One of those posts is a perennial favorite, coming up over and over in search results: When Should You Choose...more

Morrison & Foerster LLP - Social Media

Sneaky Website User Bound by Online Terms of Use Provision Despite Renewing Subscription in Spouse’s Name

by Morrison & Foerster LLP - Social Media on

On July 19, 2018, in May, et al. v. Expedia Inc., U.S. Magistrate Judge Mark Lane issued a Report and Recommendation recommending that U.S. District Judge Robert Pitman for the Western District of Texas grant a motion to...more

Fisher Phillips

Web Exclusive - High Court’s Arbitration Ruling Provides Sigh Of Relief For Healthcare Employers

by Fisher Phillips on

A few months ago, the Supreme Court ruled in a 5-to-4 decision that class action waivers in employment arbitration agreements do not violate the National Labor Relations Act and are, in fact, fully enforceable. The decision...more

Proskauer - Labor Relations

Arbitration Class Waivers, Past Practice (not established) and Skirmishing Over Information Requests All Part of Recent NLRB...

by Proskauer - Labor Relations on

Since December 2017, when the Board issued a number of decisions which restored precedent that had been changed in the last few years, not much of note has been happening at the Board. Indeed, there was not a full complement...more

Manatt, Phelps & Phillips, LLP

Eleventh Circuit Refuses to Compel Arbitration in TCPA Dispute

by Manatt, Phelps & Phillips, LLP on

An unsigned agreement put an end to a Telephone Consumer Protection Act (TCPA) defendant’s attempt to compel arbitration of the suit, the U.S. Court of Appeals for the Eleventh Circuit recently decided. That case is Gamble v....more

Shumaker, Loop & Kendrick, LLP

Client Alert: Supreme Court Allows Employers to Prevent Class Action Lawsuits through Properly Drafted Arbitration Agreements

by Shumaker, Loop & Kendrick, LLP on

On May 21, 2018, the United States Supreme Court decided that employers may prevent their employees from filing certain class action lawsuits through a properly drafted arbitration agreement. Epic Systems Corp. v. Lewis,...more

Robins Kaplan LLP

Ice Cube Tells Former BIG3 Commissioner to Check Yo Self with Petition to Enjoin Arbitration

by Robins Kaplan LLP on

Just one month after the former president and commissioner of his BIG3 basketball league named him as a respondent in an arbitration proceeding, Ice Cube hit back in a New York federal court to enjoin the arbitration under...more

SmithAmundsen LLC

Employers: Make Sure You Are A Party To Your Own Arbitration Agreements

by SmithAmundsen LLC on

With the dust settling on the U.S. Supreme Court’s decision upholding the validity of class and collective action waivers in employee arbitration agreements, there is no better time to double-check that employee arbitration...more

Holland & Knight LLP

If You Liked This Railroad Argument, You’ll Love “Competitive Access” - A small, little noticed case at the Surface Transportation...

by Holland & Knight LLP on

The unintended consequences of regulatory action may sometimes come as a surprise, but often there are clues that could inform decision makers—if they know where to look. Two colossuses of the rail industry, Union Pacific...more

Bradley Arant Boult Cummings LLP

Ninth Circuit Affirms Denial of Motion to Compel Arbitration of ERISA Action

by Bradley Arant Boult Cummings LLP on

In Munro v. Univ. of S. Cal., the Ninth Circuit recently affirmed the district court’s denial of a motion to compel arbitration of an ERISA action brought by current and former employees of the University of Southern...more

Carlton Fields

Court Finds That Apparently Inconsistent Forum Selection Provisions Do Not Render Arbitration Agreement Unenforceable

by Carlton Fields on

Plaintiff Fintech Fund, FLP filed an action in federal court in the Southern District of Texas asserting claims under the federal Defend Trade Secrets Act and the Computer Fraud and Abuse Act against Ralph Horne, a citizen of...more

Seyfarth Shaw LLP

Is California’s Latest Assault On Arbitration Constitutional?

by Seyfarth Shaw LLP on

Seyfarth Synopsis. Pending California legislation would make a mandatory arbitration agreement an unlawful practice under the Fair Employment and Housing Act, and a crime. How could that be consistent with the Federal...more

Stinson Leonard Street - Arbitration Nation

Dispositive Motions in Arbitration? Just Do It.

by Stinson Leonard Street - Arbitration Nation on

Today’s post continues our series of arbitration refreshers, to combat the Summer Slide. It was researched and written by Anne Marie Buethe from the University of Iowa Law School....more

LeClairRyan

[Webinar] What Employers Should Know About Class Waivers After Epic Systems Decision - August 23rd, 1:00pm ET

by LeClairRyan on

In a decisive 5-4 opinion, the Supreme Court held in Epic Systems Corp. v. Lewis that class action waivers in employment arbitration agreements must be enforced under the Federal Arbitration Act (FAA), and neither the FAA’s...more

Allen & Overy LLP

Argentina fosters international arbitration

by Allen & Overy LLP on

Modernisation package, that included reform of PPP contracts and dispute resolution, offers greater stability to foreign investors. The new Argentine arbitration law is based on the United Nations Commission on...more

Womble Bond Dickinson

Minnesota Court Grants Non-signatory Defendant’s Motion to Compel Arbitration of TCPA Claim Based on “Sufficient Nexus”

by Womble Bond Dickinson on

The United States District Court in Zean v. Comcast Broadband Security, LLC, et al., 2018 WL 3642614 (D. Minn. August 1, 2018), granted defendants Comcast Broadband Security, LLC’s (“Comcast”) and Southwest Credit Systems,...more

Fisher Phillips

Is Your Dealership Taking Advantage Of Employment Arbitration?

by Fisher Phillips on

You may have recently heard something about arbitration agreements in the news, and you might be wondering whether your dealership should do anything about it. Some quick background: over the last decade, the use of...more

Quinn Emanuel Urquhart & Sullivan, LLP

July 2018: Class Action Litigation Update

by Quinn Emanuel Urquhart & Sullivan, LLP on

Justice Gorsuch’s Opinion in Epic Systems Suggests Justice Scalia-Like Hostility to Class Actions. A professor at Vanderbilt Law School, Brian T. Fitzpatrick, a former law clerk for Justice Antonin Scalia, wrote in a law...more

Pepper Hamilton LLP

Shedding Light on the AAA's Streamlined Three-Arbitrator Panel Option

by Pepper Hamilton LLP on

On May 1, 2017, the American Arbitration Association (AAA) announced a new procedure under the AAA’s Arbitration Rules aimed at lowering the administrative cost of arbitrations involving three-arbitrator panels. Originally...more

Mintz Levin - ADR: Advice From The Trenches

Who May Determine Whether Class Arbitration Is Authorized?

by Mintz Levin - ADR: Advice From The Trenches on

Who may determine whether “class arbitration” has been authorized by the parties to an arbitration agreement — a court, an arbitrator, either? Considering the nature of “class arbitration,” is this a special case of the...more

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Updated: May 25, 2018:

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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