Fifth Circuit Holds Payday Lender Waived Right to Arbitration
June 23, 2017

In a 2-1 decision, the nation’s Fifth Circuit Court of Appeals has ruled a payday loan lending company that sought criminal...

SCOTUS Denies Certiorari in Texas Arbitration Case
June 22, 2017

On Monday, the United States Supreme Court denied certiorari in Parallel Networks, Inc. v. Jenner & Block, LLP, No. 16-1271. ...

First Circuit Finds Class of Independent Truckers Excluded From Federal Arbitration Act
June 22, 2017

The Federal Arbitration Act has been in effect for nearly 100 years (92, to be precise).  Nevertheless, the First Circuit found two issues of first impression to address this month.  In Oliveira v. New Prime, Inc., 2017 WL 1963461 (1st Cir. May 12, 2017), the court refused to compel arbitration of a class action complaint, because it interpreted Section One of the FAA to exempt contracts for independent transportation contractors. Mr. Oliveira brought a putative class action suit against...

Law Firm Failed to Provide Sufficient Notice of its Arbitration Agreement
June 22, 2017

In Alexander Dubose Jefferson & Townsend, LLP v. Vance, the United States District Court (Western District, Austin) held...

U.S. Dept. of Ed. Reconsidering Regulation Banning Pre-Dispute Arbitration Agreements in Higher Education
June 21, 2017

On Wednesday, the United States Department of Education announced that it would postpone the Borrower Defense to Repayment...

State Supreme Courts Continue to Try to Chip Away at FAA Preemption; SCOTUS Is Not Amused
June 21, 2017

The Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., does not contain an express preemption provision, nor was it intended...

Sixth Circuit Sides with Seventh, Ninth Circuits on Issue of Class Waivers Included in an Employer’s Arbitration Agreement
June 20, 2017

The United States Court of Appeals for the Sixth Circuit has ruled that an employer may not prohibit employees from pursuing...

Sixth Circuit Adds to a Growing Circuit Split; SCOTUS to Decide Scope of Employees’ Arbitration Rights
June 20, 2017

In National Labor Relations Board v. Alternative Entertainment, Inc., No. 16-1385, 2017 WL 2297620 (6th Cir. May 26, 2017),...

“Class Arbitration”: The Current Law
June 20, 2017

Thus far the U.S. Supreme Court has addressed a few issues concerning “class arbitration,” including (1) the fundamental...

Ware & Levinson on Arbitration Law
June 19, 2017

Congratulations to Steve Ware (Kansas) and Ariana Levinson (Louisville) on the publication of their new book Principles of Arbitration...