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Results:1-10 of 353

This Week In Arbitration: Jay-Z, Waiver, And “Functus Officio”
  • Stinson Leonard Street LLP
  • USA
  • December 2 2018

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


Studies Conclude Arbitration Is A Black Hole With Repeat Player Bias (But Also Faster & Cheaper Than Court)
  • Stinson Leonard Street LLP
  • USA
  • November 21 2018

First is “Arbitration Nation,” an empirical study of 40,775 consumer, employment and tort cases filed with four different arbitration providers


11th Circuit Finds Homeowners Bound By “Shinglewrap” Arbitration Agreement, Shuts Down Class Action
  • Stinson Leonard Street LLP
  • 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
  • Stinson Leonard Street LLP
  • 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


Two State Courts Reject Arbitration Because Clause Lacked Administrator
  • Stinson Leonard Street LLP
  • 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
  • Stinson Leonard Street LLP
  • 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


No proof blind plaintiffs aware of arbitration clause, so discrimination class action proceeds in court
  • Stinson Leonard Street LLP
  • 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
  • Stinson Leonard Street LLP
  • 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


Circuit Split Deepens Over Whether Arbitrators Should Decide Availability of Class Action
  • Stinson Leonard Street LLP
  • USA
  • August 26 2018

Today’s post concerns a perennially hot topic: class actions. In particular, do courts decide whether an arbitration agreement allows for class


Comparison of AAA, JAMS, CPR Commercial Rules
  • Stinson Leonard Street LLP
  • USA
  • August 11 2018

Here is a chart comparing the three sets of commercial rules on important topics. Fair warning: the rules are very similar. So, we added an asterisk