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Delegating Scope of Contract Issue to Arbitrator
The Texas Supreme Court recently issued a significant ruling concerning the enforcement of arbitration agreements, particularly those...
blamlaw
Sep 274 min read
Nonsignatory Compels Arbitrtion
Arbitration agreements are typically understood to bind only the parties who sign them. However, a recent case, Ford v ConocoPhillips ,...
blamlaw
Sep 181 min read
NFL Arbitration Denied Enforcement
On August 14, 2025, a significant decision was handed down by the U.S. Court of Appeals for the Second Circuit in the case of Flores v....
blamlaw
Aug 242 min read
Federal Jurisdiction on Motion to Confirm or Vacate
The United States Court of Appeals for the Fifth Circuit recently issued a salient reminder regarding the precise contours of federal...
blamlaw
Jul 203 min read
Criteria for Electronic Consent to Arbitration
The Texas Court of Appeals, Fifth District, Dallas, on April 25, 2025, affirmed a trial court's decision to deny Conduent Commercial...
blamlaw
Jul 202 min read
Arbitration Waiver Post Morgan
The United States Court of Appeals for the Fifth Circuit recently issued a significant per curiam opinion in Dayana Garcia v. Fuentes...
blamlaw
Jul 204 min read
Expense of Arbitration
A recent case, Cellinfo, LLC v. American Tower Corp. ,506 F.Supp.3d 61 (Mass. 2020) explores the narrow path a litigant might take to...
blamlaw
Jul 203 min read
Court Modifies Agreed Rules of Procedure
Several hair stylists initiated legal proceedings against their employer, alleging misclassification as independent contractors, which...
blamlaw
Jun 301 min read
Vacature, Ultra Vires, and Manifest Disregard of the Law
The Fifth Circuit Court of Appeals affirmed the district court's confirmation of an arbitration award in favor of Southeast Directional...
blamlaw
May 192 min read
Issue Preclusion in Arbitration: Two Recent Cases
Karl Hansen v. Elon Musk; Tesla Motors, Inc.; U.S. Securities Associates, Inc., Docket No. 23-15296 (Ninth Circuit, December 10, 2024),...
blamlaw
May 21 min read
Deciding Class Arbitrability
There is an ongoing split among the United States circuit courts regarding whether arbitrators or courts should determine the...
blamlaw
Apr 211 min read
Real Judges More Easily Swayed by “legally irrelevant” Factors than Artificial Intelligence
Eric Posner and Shivam Saran's research paper, "Judge AI: Assessing Large Language Models in Judicial Decision-Making," evaluates whether...
blamlaw
Apr 81 min read
Supreme Court Does Not Resolve Circuit Split Involving ERISA and the Federal Arbitration Act
The issue is whether arbitration provisions that waive plan-wide relief are enforceable under ERISA. The Sixth Circuit ruled against...
blamlaw
Mar 71 min read
Attempted End Run of Ending Forced Arbitration of Sexual Assault and Sexual Harassment Law Fails
Kristin Casey filed a lawsuit against her former employer D.R. Horton and one employee alleging, inter alia, sexual harassment. ...
blamlaw
Feb 201 min read
Arbitration Award Finds Collateral Estoppel in Court
An arbitration panel found Steven Clem personally liable to LaDainian Tomlinson and LaTorsha Tomlinson in the amount of $744,711 for...
blamlaw
Jan 172 min read
Georgia Requirement the Arbitration Agreement be Signed Contravenes Federal Arbitration Act
Plaintiff Phyllis Gillon (“Gillon”) sued her former employer Defendant UCB, Inc. (“UCB”) for retaliation, race discrimination, sex...
blamlaw
Dec 20, 20242 min read
Ticketmaster Mass Arbitration Procedure Unconscionable
The Ninth Circuit holds that Ticketmaster’s mass arbitration provisions are unconscionable. Hickman v Live Nation Entertainment, 120 F....
blamlaw
Dec 1, 20241 min read
Forum Selection Clause Does Not Imply Consent to Personal Jurisdiction
Yax Ecommerce LLC is organized and has its principal place of business in Wyoming. Yax entered into an Asset Purchase Agreement with...
blamlaw
Nov 14, 20241 min read
Illiteracy Not a Reason to Avoid Enforcing Agreement to Arbitrate
Claimant Armando Hernandez argued that his agreement to arbitrate was procedurally unconscionable because Spanish is his primary...
blamlaw
Nov 14, 20241 min read
Jury Trial on Existence of Agreement to Arbitrate
Respondent Yum! Brands, Inc. presented evidence that Claimant Azania Abebe allegedly agreed to arbitrate employment disputes via...
blamlaw
Nov 14, 20241 min read
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