FL: Appellate Court Upholds Constitutionality of Med Mal Cap if Arbitration Offer Had Been Rejected by Plaintiff
December 23, 2019

On Wednesday, a south Florida appellate court upheld as constitutional a $350,000 cap on pain and suffering in med mal cases in which a healthcare provider's offer to arbitrate was rejected and the plaintiff filed suit.  The distinction is important because the Florida Supreme Court held in 2017 that caps on pain and suffering in med mal cases generally are unconstitutional.  WUSF has the story.

Delegation Agreements, Separability, Schein II, and the October 2019 Edition of CPR Alternatives
November 26, 2019

There have been a number of important cases decided in 2019 concerning the application and effect of “delegation provisions”—clear...

Is Manifest Disregard Alive and Well in the Second Circuit?: A Remand to Find Out
November 25, 2019

In domestic award enforcement proceedings, the U.S. federal Court of Appeals for the Second Circuit (“Second Circuit”)...

The U.S. Law of Arbitration: From 1925 to 2019
November 22, 2019

The progression of arbitration law in the American legal system has been steadfast. Despite a few uneasy rulings, the U.S....

The Repeat Player, Arbitration Providers, Evident Partiality, and the Ninth Circuit
November 21, 2019

Federal Arbitration Act (“FAA”) Section 10 permits Courts to vacate awards “where there was evident partiality. . . in the arbitrators....

California Bans Mandatory Arbitration Agreements as a Condition of Employment
November 19, 2019

California Governor Gavin Newsom has signed a law that prohibits employers in the state from requiring workers to sign a mandatory...

Leslie on Conspiracies to Arbitrate
November 14, 2019

Christopher R. Leslie (University of California, Irvine School of Law) has posted Conspiracy to Arbitrate (North...

SCOTX Refuses to Weigh in on Oil & Gas Arbitration Dispute
November 13, 2019

The Supreme Court of Texas will not consider whether non-signatory assignees may be compelled to arbitrate their...

Arbitration Jurisprudence Takes Strange Turn
November 8, 2019

The twisted course of arbitration jurisprudence in New Jersey has taken yet another peculiar detour. In the most recent...

Sixth Circuit Creates Split on International Arbitration Discovery Question
November 7, 2019

The United States Court of Appeals for the Sixth Circuit has created a circuit split regarding whether 28 U.S.C....