SCOTX Reverses Order Denying Arbitration in Dallas County Structured Settlement Transfer Case
January 9, 2019

On Friday, the Supreme Court of Texas reversed a lower court’s order denying a party’s motion to compel arbitration...

Fifth Circuit Vacates Northern District of Texas Order Compelling Arbitration
December 28, 2018

The United States Court of Appeals for the Fifth Circuit has reversed a district court’s order compelling...

Empirical SCOTUS: Differences Between Judges In Arbitration Case
December 14, 2018

Take for example Epic Systems v. Lewis, argued on the first day of oral arguments for the 2017 term. The flow of this...

11th Circuit Finds Homeowners Bound By “Shinglewrap” Arbitration Agreement, Shuts Down Class Action
December 4, 2018

In an opinion that coins new terms and uses the insouciant tone of a blogger, the 11th Circuit just shut down a putative...

Four Decisions Conclude Claims Outside Scope of Arbitration Agreement
November 29, 2018

There are only four ways to avoid an arbitration agreement.  You can prove: 1)  it was never formed; 2) it was formed,...

N.D. Texas Dismisses FLSA Case in Favor of Arbitration
November 20, 2018

The Northern District of Texas has dismissed a worker’s Fair Labor Standards Act (“FLSA”) claim because it should...

Alabama Won’t Enforce Arbitration With Nursing Home When Patient Had Dementia
November 14, 2018

Every time I think the spate of state supreme court opinions about nursing home arbitration surely must be over, another one comes out to prove me wrong.  Last week, it was one from Alabama, finding an arbitration agreement was never formed, because the resident lacked capacity and the daughter who signed on his behalf lacked power of attorney. In Stephan v. Millennium Nursing & Rehab Ctr., 2018 WL 4846501 (Ala. Oct. 5, 2018), the decedent’s estate sued the nursing home for wrongful death. ...

New Jersey: An Increasingly Anti-Arbitration Jurisdiction?
November 12, 2018

In recent years, courts from the great state of the Boss (sorry, I’m a Springsteen fan!) have issued opinions that appear...

Litigation Conduct Waivers and the New York Convention
October 26, 2018

Today’s post concerns waiver of the right to arbitrate by an ambivalent plaintiff in a US District Court, and under what...

Kentucky Supreme Court: FAA Doesn’t Preempt Kentucky’s Ban on Mandatory Employment Arbitration
October 24, 2018

Meanwhile, back in Kentucky, employers are thinking about next steps in the wake of Northern Kentucky Area Development District...