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Arbitration Nation Blog

Articles: 1-10 of 199

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…

Two State Courts Reject Arbitration Because Clause Lacked Administrator

USA - October 24 2018 This post is aimed at drafters of arbitration clauses. Because if you don’t insert an administrator for your arbitration, and don’t anticipate that…

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…

Kentucky Goads SCOTUS In New Arbitration Decision; Plus SCOTUS Update

USA - October 3 2018 I would understand if not every state supreme court got the memo from last year’s SCOTUS decision on FAA preemption, Kindred, which reminded state…

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…