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Results: 1-10 of 83

Availability of classwide arbitration is “gateway” issue for court to decide

  • Jenner & Block
  • -
  • USA
  • -
  • October 15 2014

In Opalinski v. Robert Half International Inc., 761 F.3d 326 (3d Cir. 2014) (No. 12-4444), the Third Circuit determined that a court, rather than an

Later-added defendant held not to have waived right to arbitration

  • Jenner & Block
  • -
  • USA
  • -
  • October 15 2014

A defendant who was joined to ongoing litigation was held not to have waived its right to arbitration, notwithstanding the actions of its

Forum selection clause overrides arbitration clause

  • Jenner & Block
  • -
  • USA
  • -
  • October 15 2014

A forum selection clause in the parties' contract was held to supersede a pre-existing arbitration clause contained in the parties' membership rules

Order remanding a case to arbitration panel for clarification is not appealable

  • Jenner & Block
  • -
  • USA
  • -
  • October 15 2014

A district court's order remanding a case to the arbitration panel for clarification of an arbitration award is not a final order and, therefore, not

Corporate assignee may enforce arbitration agreement

  • Jenner & Block
  • -
  • USA
  • -
  • October 15 2014

Notwithstanding a corporate restructuring, a company was entitled to enforce an arbitration agreement. Herrera v. CarMax Auto Superstores Cal. LLC

Delegation clause in arbitration agreement is not unconscionable

  • Jenner & Block
  • -
  • USA
  • -
  • August 7 2014

On June 17, a California appellate court held that a delegation clause, providing that issues relating to the enforcement of the arbitration

Hyperlinked arbitration clauses are binding

  • Jenner & Block
  • -
  • USA
  • -
  • August 7 2014

A consumer purchasing online is bound by an arbitration clause even if accessing the clause required clicks through a series of two hyperlinks

Arbitration clause is binding despite signer’s illiteracy and lack of knowledge

  • Jenner & Block
  • -
  • USA
  • -
  • August 7 2014

An employee was held bound to an arbitration clause despite his contention that he does not understand English and did not know that the

Arbitration clause in attorney retainer agreement held unenforceable

  • Jenner & Block
  • -
  • USA
  • -
  • August 7 2014

An arbitration clause in a debt adjusting service provider's contract, which contained an attorney retainer agreement, was held unenforceable

Mediation settlement involved federal & state claims, so federal privilege applies

  • Jenner & Block
  • -
  • USA
  • -
  • August 7 2014

On June 2, in Wilcox v. Arpaio, 753 F.3d 872 (9th Cir. 2014) (No. 12-16418), the Ninth Circuit held that federal and not state privilege law applied