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Stinson LLP | USA | 2 Dec 2018

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

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


Stinson LLP | USA | 11 Nov 2018

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

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


Stinson LLP | USA | 26 Jul 2016

Federal Courts Teach Arbitration 101 In Recent Opinions

While state courts have been busy articulating novel interpretations of arbitration law this summer, federal courts seem intent on getting back to


Stinson LLP | USA | 19 Jul 2016

Top 5 Things the Financial Industry Needs to do in Response to the CFPB's Proposed Arbitration Rule

On May 5, 2016, the Consumer Financial Protection Bureau (CFPB) announced a long awaited and highly controversial proposed rule that, if adopted


Stinson LLP | USA | 11 May 2016

Eight Months Is Enough To Waive Your Arbitration Rights

Today’s post is brought to you by the number 8. The 8th Circuit Court of Appeals issued a new opinion yesterday finding that a defendant who


Stinson LLP | USA | 7 Oct 2015

Arbitration puzzler: Nevada’s anti-waiver rule preempted; California’s anti-waiver rule not preempted

Two opinions came out recently in disputes over the arbitrability of putative class actions alleging that employees were not paid for overtime (and


Stinson LLP | USA | 18 Sep 2015

Filing claim in court is not enough to waive arbitration right

The issue in analyzing whether a party waived its right to arbitrate is usually whether the defendant waited too long to assert the arbitration


Stinson LLP | USA | 11 Dec 2014

First Circuit finds plaintiff waived right to arbitrate by litigating for 9 months

We haven't had a good waiver case in a while. The First Circuit served one up last week with a flourish, teaching me multiple new words in the


Stinson LLP | USA | 2 May 2014

Third Circuit finds two months of litigation sufficient to waive right to arbitrate

In a decision this week, the Third Circuit found two related parties had waived their right to arbitrate claims. One was no suprise it had


Stinson LLP | USA | 13 Jun 2013

Massachusetts invalidates arbitration agreement because plaintiffs could not effectively pursue small value claims

As we await SCOTUS's decision in AmEx, we got a decision on vindicating statutory rights from a different high court: the Supreme Judicial Court of

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