Arbitration Clause Enforceability Seems Like a Pretty Safe Bet These Days
July 23, 2018

There is very little you can bet on in life but it seems like the continued prevalence of arbitration clauses is one of them....

SCOTX Reverses Order Denying Jefferson County Constable’s Arbitration Request
July 10, 2018

The Supreme Court of Texas has reversed an appellate court’s order based on a related case that was decided by the state’s...

Fifth Circuit Orders Independent Contractor to Individually Arbitrate FLSA Claims
June 7, 2018

The United States Court of Appeals for the Fifth Circuit has affirmed a district court’s order compelling an independent contractor to arbitrate his Fair Labor Standards Act (“FLSA”) claims against a restaurant food delivery service.  In Edwards v. DoorDash, Inc., No. 17-20082 (5th Cir., April 25, 2018), a California-based company, DoorDash, utilized independent contractors called “Dashers” to deliver food from various restaurants to customers in hundreds of cities. ...

Supreme Court Backs Federal Arbitration Act’s Power to Require Mandatory Individual Arbitration
May 21, 2018

The U.S. Supreme Court this morning has affirmed the ability of companies to use mandatory arbitration clauses in employment...

Disrupting Work Law: Arbitration in the Gig Economy
May 17, 2018

Charlotte Garden, Co-Associate Dean for Research and Faculty Development and Associate Professor of Law at Seattle...

Spring State Court Smorgasbord: Seven Decisions Friendly To Arbitration
May 16, 2018

The others can be reviewed more quickly: Substantive unconscionability cannot be established by showing only that the arbitration...

When Seeking to Compel Arbitration, a Motion to Dismiss Is Sometimes the First Step
May 14, 2018

The Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1, et seq., provides the usual means of enforcing an arbitration...

Negotiating in the Shadow of Adhesive Arbitration
May 1, 2018

Dispute resolution scholars have long understood that negotiators bargain in the shadow of the law. Although, historically,...

SCOTX Agrees to Consider Whether Crop Insurance Dispute Was Properly Submitted to Arbitration
April 11, 2018

The Supreme Court of Texas has agreed to consider whether a crop insurance dispute was properly submitted...

Fifth Circuit Affirms Order Denying Arbitration Where Judicial Process Was Invoked
April 9, 2018

The Fifth Circuit Court of Appeals has ruled in an unpublished opinion that a physician waived his right to arbitration...