Roland C. Goss
Jorden Burt LLP
Articles
Discovery restriction in arbitration clause held not unconscionable
USA - March 25 2010 An arbitration provision in an employment contract provided that each party to the arbitration could take one fact deposition, depose experts, request documents, and take additional depositions if authorized by the arbitrator for good cause.
Invalid attorneys fee provision severed and arbitration compelled
USA - May 23 2013 An arbitration provision in an employment agreement provided that the "costs and expenses of the arbitration, including the arbitrator's fees, shall…
Arbitrability: a “gateway issue” for the courts or a question of procedure for the AAA?
USA - September 13 2012 In an action by a pharmacy franchisor to stay franchisees’ collective arbitration claims filed with the American Arbitration Association and to compel individual arbitrations, the Eastern District of Missouri granted the franchisees’ motion to dismiss based on lack of subject matter jurisdiction, relying heavily on both contract interpretation and the Federal Arbitration Act, which states that agreements to arbitrate “shall be valid, irrevocable, and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract.”
Court of Appeal affirms vacation of arbitration award on grounds of arbitrator’s evident partiality
USA - June 3 2013 Thomas Kinkade Company's suit against Nancy and David White was submitted to an arbitration proceeding in which, as the Sixth Circuit noted, "the…
Class waivers and fee shifting provisions not unconscionable
USA - July 26 2012 The 11th Circuit ruled that SunTrust Bank account holders must arbitrate claims against it for excessive overdraft fees pursuant to an arbitration clause in its depositor agreement.
