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Alabama Won’t Enforce Arbitration With Nursing Home When Patient Had Dementia

USA - October 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...


11th Circuit Thinks Class Arbitrability Is Not That Special

USA - September 26 2018 Usually the plaintiffs in a class action want to stay out of arbitration, but in the recent case of JPAY v. Kobel, 2018 WL 4472207 (11th Cir. Sept...


No proof blind plaintiffs aware of arbitration clause, so discrimination class action proceeds in court

USA - September 19 2018 The First Circuit just faced a fascinating formation issue: if a customer cannot see what she is signing, and no employee reads it to her or ensures...


Million dollar arbitration award for attorneys vacated due to ethical violation

USA - September 13 2018 In today’s post I recount an epic battle between the Rules of Professional Conduct (tagline: saving clients from unscrupulous lawyers for over 100...


Which awards were entitled to a summer vacation?

USA - September 4 2018 I have saved up six opinions that considered whether to vacate an arbitration award over the summer. Only one of those opinions vacated the award...