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Contractual Statute of Limitations
The United States Court of Appeals for the Second Circuit has upheld an arbitration provision which imposed a 300-day deadline to raise...
blamlaw
Aug 31, 20232 min read
AAA Commercial Rules are a “clear and unmistakable” delegation of arbitrability to the arbitrator
The Texas Supreme Court has found that parties clearly and unmistakably delegated arbitrability issues to the arbitrator by agreeing to...
blamlaw
Aug 31, 20232 min read
Enforcement of Arbitration Award Under State Law Pending Appeal
In this case, one party sought attachment of assets pursuant to an arbitration award while the award was under appeal and while a second...
blamlaw
Jul 29, 20231 min read
Appeal Denying Motion to Compel Arbitration Automatically Stays Litigation
Resolving a circuit split, the Supreme Court ruled 5-4 that litigation in district court is automatically stayed when a party appeals the...
blamlaw
Jul 12, 20231 min read
When Is an Arbitration Agreement Unconscionable Because of Excessive Cost?
The Texas Supreme Court has issued an opinion giving guidance on when an arbitration agreement is unconscionable because of expense. ...
blamlaw
Jun 12, 20231 min read
Does This Dispute Go To Court Or To Arbitrator?
This case presents the common issue whether the court or an arbitrator should decide the dispute. There has been ongoing litigation among...
blamlaw
May 27, 20232 min read
Multiple Plaintiffs But Not All Signatories to Arbitration Agreement
What does a District Court do when multiple parties have similar issues but not all parties are signatories to an arbitration agreement?...
blamlaw
May 19, 20231 min read
Some Court Activity Not Waiver of Right to Arbitrate
Teresa Armstrong agreed to arbitrate disputes regarding the terms and conditions of her employment with Michael Stores Inc. However,...
blamlaw
Apr 13, 20231 min read
Split Decision on NFL Arbitration Disputes
Three Black men who are current or former National Football League coaches sued the NFL and several member teams for racial...
blamlaw
Apr 13, 20232 min read
Arbitration Clause In Online Order Form Valid Even Though Link To Terms Did Not Work
Camp 1 Fitness entered into a contract with Club Automation through an online order form. The form had an URL link expressly...
blamlaw
Mar 6, 20231 min read
Attempt to Invalidate Arbitration Agreements Defeated
The Ninth Circuit Court of Appeals has held a California law designed to inhibit arbitration of employment disputes violated the Federal...
blamlaw
Feb 23, 20232 min read
Speak Out Act Bans Pre-Suit Non-Disclosure Agreements in Sexual Harassment and Sexual Assault Cases
On December 7, 2022, President Biden signed the Speak Out Act limiting enforceability of predispute nondisclosure and non-disparagement...
blamlaw
Jan 13, 20231 min read
Arbitration Compelled After Nine Years in Court
Arbitration is not always faster and less expensive. Consider the following Kafkaesque nightmare of Yvonne Cardwell. In February 2013 ,...
blamlaw
Jan 1, 20231 min read
Non-signatories Sometimes Bound to Arbitrate
The Fifth Circuit and the Texas Supreme Court have held that whether a non-signatory is bound by an arbitration agreement is to be...
blamlaw
Nov 29, 20222 min read
Herculen Task Meeting Sky High Standard to Set Aside Arbitration Award
In Warfield v Icon Advisors, Inc. 26 F.4th 666 (Fourth Circuit, February 24, 2022), the arbitrators gave no explanation how they...
blamlaw
Aug 29, 20223 min read
Court Review of Arbitration Awards
Putting “bottom line up front,” the first paragraph of a recent Eleventh Circuit decision begins: Long story, short: if you want certain...
blamlaw
Aug 5, 20223 min read
Prejudice Necessary for Waiver of Arbitration in Texas Court?
Recently the United States Supreme Court held a party does not have to show prejudice to establish that an opposing party has waived its...
blamlaw
Jul 27, 20222 min read
Increase in Number of Workers Subject to Arbitration
January 16, 2022 Alex Colvin, Dean of the Industrial & Labor Relations School at Cornell University has found that more than one-half...
blamlaw
Jul 7, 20221 min read
FINRA Proposed Rule Ends Mandatory Arbitration of Sexual Harassment and Sexual Assault Claims
FINRA has proposed a change to the Code of Arbitration Procedure to give employees the right to take sexual harassment and sexual assault...
blamlaw
Jun 16, 20221 min read
Airline Baggage Handlers Exempt from Mandatory Arbitration
Latrice Saxon sued Southwest Airlines in court alleging Southwest failed to properly pay overtime wages to ramp supervisors. She is a...
blamlaw
Jun 13, 20221 min read
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