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This Week In Arbitration: Jay-Z, Waiver, And “Functus Officio”

USA - December 2 2018 Today’s post covers three new developments from this past week. The Fifth Circuit found a defendant waived its right to arbitrate a class action; the...


Studies Conclude Arbitration Is A Black Hole With Repeat Player Bias (But Also Faster & Cheaper Than Court)

USA - November 21 2018 First is “Arbitration Nation,” an empirical study of 40,775 consumer, employment and tort cases filed with four different arbitration providers...


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

USA - November 11 2018 In an opinion that coins new terms and uses the insouciant tone of a blogger, the 11th Circuit just shut down a putative class action brought by...


Four Decisions Conclude Claims Outside Scope of Arbitration Agreement

USA - November 5 2018 There are only four ways to avoid an arbitration agreement. You can prove: 1) it was never formed; 2) it was formed, but is invalid under state law...


Seventh Circuit Ducks Hard Question on Class Arbitrability

USA - October 31 2018 The Seventh Circuit issued an opinion last week that sounded like it would be a big deal. The case, Herrington v. Waterstone Mortgage Corp., 2018 WL...