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Arbitration
DC Court Refuses to Seal Petition to Confirm Arbitration Award
November 15, 2017
The United States District Court for the District of Columbia has denied a party’s motion to seal its petition to confirm an arbitration award and two attached exhibits. In XPO Intermodal, Inc. v. American President Lines, Ltd., No. 17-2015 (PLF) (D. D.C., October 16, 2017), XPO Intermodal argued the documents should be sealed in order to protect confidential terms and highly sensitive business information. The district court was not persuaded, however, and stated “applicant’s motion...
November 15, 2017
The United States District Court for the District of Columbia has denied a party’s motion to seal its petition to confirm an arbitration award and two attached exhibits. In XPO Intermodal, Inc. v. American President Lines, Ltd., No. 17-2015 (PLF) (D. D.C., October 16, 2017), XPO Intermodal argued the documents should be sealed in order to protect confidential terms and highly sensitive business information. The district court was not persuaded, however, and stated “applicant’s motion...
The Bold Ambition of Justice Scalia’s Arbitration Jurisprudence
November 15, 2017
Katherine V.W. Stone, Arjay and Frances Fearing Miller Distinguished Professor of Law at the University of California, Los Angeles (UCLA) – School of Law, has published “The Bold Ambition of Justice Scalia’s Arbitration Jurisprudence: Keep Workers and Consumers Out of Court,” 21 Employee Rights and Employment Policy Journal 189 (2017); UCLA School of Law Public Law & Legal Theory Research Paper No. 17-41. In her journal article, Professor Stone examines the implications of the many United...
November 15, 2017
Katherine V.W. Stone, Arjay and Frances Fearing Miller Distinguished Professor of Law at the University of California, Los Angeles (UCLA) – School of Law, has published “The Bold Ambition of Justice Scalia’s Arbitration Jurisprudence: Keep Workers and Consumers Out of Court,” 21 Employee Rights and Employment Policy Journal 189 (2017); UCLA School of Law Public Law & Legal Theory Research Paper No. 17-41. In her journal article, Professor Stone examines the implications of the many United...
Resistance Or Retaining Shred of Dignity? Kentucky Responds On Kindred
November 14, 2017
If I had to choose a favorite subset of arbitration cases, it might be the ones that come after SCOTUS remands to a state supreme court. How does a state high court full of accomplished professionals, the cream of the legal crop in their state, respond after the U.S. Supreme Court has found their previous arbitration opinion was flawed? Often, they find a way to stick to their guns. We already saw that once in 2017, when Hawaii affirmed its arbitration decision, despite the GVR from SCOTUS. ...
November 14, 2017
If I had to choose a favorite subset of arbitration cases, it might be the ones that come after SCOTUS remands to a state supreme court. How does a state high court full of accomplished professionals, the cream of the legal crop in their state, respond after the U.S. Supreme Court has found their previous arbitration opinion was flawed? Often, they find a way to stick to their guns. We already saw that once in 2017, when Hawaii affirmed its arbitration decision, despite the GVR from SCOTUS. ...
Deregulating Arbitration
November 14, 2017
David L. Noll, Associate Professor of Law at Rutgers Law School, has published “Deregulating Arbitration,” Loyola Consumer Law Review, Vol. 30, 2017, Forthcoming. In his journal article, Professor Noll examines efforts made by the current presidential administration to rollback certain federal agency arbitration regulations. Here is the abstract: In the aftermath of the November 2016 election, commentators predicted that regulation of arbitration by federal administrative agencies...
November 14, 2017
David L. Noll, Associate Professor of Law at Rutgers Law School, has published “Deregulating Arbitration,” Loyola Consumer Law Review, Vol. 30, 2017, Forthcoming. In his journal article, Professor Noll examines efforts made by the current presidential administration to rollback certain federal agency arbitration regulations. Here is the abstract: In the aftermath of the November 2016 election, commentators predicted that regulation of arbitration by federal administrative agencies...
The Arbitration Resistance May Look Like This…
November 13, 2017
What happens when state courts disagree with SCOTUS’s interpretation of the Federal Arbitration Act? They resist, and they...
November 13, 2017
What happens when state courts disagree with SCOTUS’s interpretation of the Federal Arbitration Act? They resist, and they...
“False Start” in Ezekiel Elliott Appeal
November 11, 2017
In a 2-1 decision, the Fifth Circuit found that Ezekiel Elliott failed to exhaust remedies within the NFL’s dispute-resolution process before filing suit, meaning that the federal courts lacked subject matter jurisdiction over his complaints. A dissent found a sufficient question about the adequacy of the process to justify the exercise of jurisdiction under the relevant authorities. NFLPA v. NFL, No. 17-40936 (Oct. 12, 2017). While of enormous interest to Cowboys fans, so far as arbitration...
November 11, 2017
In a 2-1 decision, the Fifth Circuit found that Ezekiel Elliott failed to exhaust remedies within the NFL’s dispute-resolution process before filing suit, meaning that the federal courts lacked subject matter jurisdiction over his complaints. A dissent found a sufficient question about the adequacy of the process to justify the exercise of jurisdiction under the relevant authorities. NFLPA v. NFL, No. 17-40936 (Oct. 12, 2017). While of enormous interest to Cowboys fans, so far as arbitration...
FINRA Seeks Comment on Non-Attorney Representation in FINRA Arbitration
November 10, 2017
Virtually all customers of FINRA-registered broker-dealer firms (in essence, all broker-dealers) are required to arbitrate their disputes with those firms and their associated persons. Many of those disputes are required to be arbitrated in the FINRA Dispute Resolution forum. Currently, FINRA permits parties to be represented by non-attorneys (NAR) (subject to a few restrictions such as if state law prohibits it or if the person is currently suspended or barred from the practice of law or the securities...
November 10, 2017
Virtually all customers of FINRA-registered broker-dealer firms (in essence, all broker-dealers) are required to arbitrate their disputes with those firms and their associated persons. Many of those disputes are required to be arbitrated in the FINRA Dispute Resolution forum. Currently, FINRA permits parties to be represented by non-attorneys (NAR) (subject to a few restrictions such as if state law prohibits it or if the person is currently suspended or barred from the practice of law or the securities...
Enforcing Nursing Home Arbitration Agreements Post-Kindred
November 10, 2017
Just five months ago, the U.S. Supreme Court weighed in on a nursing home arbitration dispute in Kindred Nursing Centers v. Clark. It held that the Kentucky supreme court’s rationale for not enforcing the arbitration agreement was preempted by the Federal Arbitration Act. Before that, multiple state courts had found state law bases for refusing to enforce arbitration agreements in nursing home agreements. So, what is a state high court to do post-Kindred? Wyoming did the logical thing:...
November 10, 2017
Just five months ago, the U.S. Supreme Court weighed in on a nursing home arbitration dispute in Kindred Nursing Centers v. Clark. It held that the Kentucky supreme court’s rationale for not enforcing the arbitration agreement was preempted by the Federal Arbitration Act. Before that, multiple state courts had found state law bases for refusing to enforce arbitration agreements in nursing home agreements. So, what is a state high court to do post-Kindred? Wyoming did the logical thing:...
Courts Lose Jurisdiction To Vacate Arbitration Award After Three Months
November 9, 2017
The Nebraska Supreme Court recently had the unenviable task of determining whether the three month time period that the FAA provides for vacating an arbitration award is a statute of limitation (subject to tolling) or is jurisdictional. In Karo v. Nau Country Ins. Co., 2017 WL 4185426 (Neb. Sept. 22, 2017), it found that the time periods for both confirming and vacating awards are jurisdictional.
November 9, 2017
The Nebraska Supreme Court recently had the unenviable task of determining whether the three month time period that the FAA provides for vacating an arbitration award is a statute of limitation (subject to tolling) or is jurisdictional. In Karo v. Nau Country Ins. Co., 2017 WL 4185426 (Neb. Sept. 22, 2017), it found that the time periods for both confirming and vacating awards are jurisdictional.
Non-Signatories Succeed In Compelling Arbitration In State Courts
November 8, 2017
The high courts of two states have allowed non-signatories to compel arbitration in recent weeks. The cases show courts...
November 8, 2017
The high courts of two states have allowed non-signatories to compel arbitration in recent weeks. The cases show courts...
