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Arbitration Nation Blog

Articles: 1-10 of 167

Federal Courts Do Not Appreciate Defendants Obtaining Arbitration Agreement From Active Plaintiff

USA - February 15 2018 In today’s post, we pick up where the 4th Circuit left off a few weeks ago — with federal circuit courts finding ways to avoid enforcing arbitration…

Sorry, Arbitration Agreements Are Not For The Courts’ Benefit

USA - February 6 2018 The Supreme Court of Nebraska gave an unpleasant surprise to its trial court judges last week: they cannot enforce arbitration agreements sua sponte…

4th Circuit Finds Club Waived Right To Compel Arbitration Of Exotic Dancers’ Claims

USA - January 29 2018 In a recent opinion, the Fourth Circuit cited waiver as its basis to refuse to compel arbitration, but the result seems animated by a sense that the…

Back to Arbitration Basics: Recent Federal Decisions (and a SCOTUS preview)

USA - January 19 2018 This post will run through some Do Re Mis of arbitration law, as articulated by those decisions (and will close with some arbitration cases on…

Un-Vacated: Arbitration Awards Get Whiplash

USA - January 12 2018 Two cases recently fit in one of my favorite categories: those awards that get “un-vacated.” These cases went through arbitration, had that…

Are Arbitration Agreements With Attorneys Unenforceable? Maine Says Yes (Mostly).

USA - January 6 2018 Susan Snow hired the Bernstein firm to handle a civil action. The opinion does not tell us anything about Snow or her level of sophistication. But…

Tale of Two Arbitrations: Demonstrating The FAA In Flux

USA - December 20 2017 Whenever people ask me why I choose arbitration law to write and talk about, one of the reasons I give is that the law is in flux, creating a demand…

The Ten Arbitration Trends Of 2017

USA - December 12 2017 2017 was a big year in arbitration law. We went from a country that seemed on the verge of banning arbitration in most consumer and employee contracts…

Arbitration Award For Cabbage Patch Kids Is Confirmed

USA - November 26 2017 What could be a better subject for a Black Friday weekend post than the Cabbage Patch Kids??! Especially if you are old enough to remember the 1980s…

Resistance Or Retaining Shred of Dignity? Kentucky Responds On Kindred

USA - November 10 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…