Arbitration is meant to be an alternate to litigation. Yet arbitration is itself the subject of much litigation over who must arbitrate, what must be arbitrated, whether and how the arbitration should proceed, and the deference courts must show to arbitration awards. This blog is intended to be a resource for litigators, in-house counsel, arbitrators and anyone else who wants to stay on top of the many thorny issues that arise under the Federal Arbitration Act. Our Bloggers →

Latest Class Arbitration Posts

8th Circuit Finds ADEA Does Not Preclude Arbitration

By Liz Kramer | April 28 2017

Class Arbitration, Validity of Arbitration Agreement One of the few "get out of arbitration free" cards that SCOTUS offers litigants is this: find another federal statute that clearly entitles plaintiff(s) to a court trial. In a recent 8th Circuit case, that court carefully considered, and then rejected, the argument that the Age Discrimination in Employment Act (ADEA)...

READ MORE

California Invalidates Waiver of Public Injunctive Relief In Consumer Arbitration Clause

By Liz Kramer | April 8 2017

Class Arbitration, Validity of Arbitration Agreement Now that Justice Gorsuch is confirmed and can take the open seat on the Supreme Court, maybe SCOTUS can move forward on the cases about whether employers can make employees waive their right to class actions in an arbitration agreement.  (Btw, here's a nice SCOTUSblog piece on Gorsuch's arbitration decisions.)  In...

READ MORE

Samsung Shut Out Of Arbitration In Recent Consumer Class Actions

By Liz Kramer | March 11 2017

Class Arbitration, Validity of Arbitration Agreement Two federal circuit courts of appeals have recently found that documents Samsung included in boxes with consumer products did not effectively create an arbitration agreement.   In both cases, the documents had titles indicating they related to safety and warranty information, and therefore were ruled insufficient...

READ MORE

3 Class Actions, 3 Motions to Compel Arbitration, 1 Class Action Survives

By Liz Kramer | February 10 2017

Class Arbitration, Validity of Arbitration Agreement The Ninth, Sixth, and Third Circuits all recently issued decisions about whether putative class or collective actions could proceed despite the existence of arbitration clauses.  In two of those decisions, the courts found the arbitration agreements did not allow for class arbitration and therefore dismissed the...

READ MORE

Two States Buck FAA Preemption, While Alabama Stays the Course

By Liz Kramer | February 3 2017

Appealing Arbitration Decisions, Class Arbitration, Validity of Arbitration Agreement Three state supreme courts tackled arbitration law in recent weeks: Alabama, North Carolina, and Rhode Island.  Rhode Island reversed a construction arbitration award because it disagreed with the arbitrator's analysis.  North Carolina found that an arbitration agreement in a doctor-patient setting was...

READ MORE

Kardashians Kept Out of Arbitration (and other recent arbitration news)

By Liz Kramer | January 20 2017

Class Arbitration, Scope of Arbitration Agreement, Validity of Arbitration Agreement, Waiver of Right to Arbitrate Just three weeks into the year and already my pile of arbitration cases is a skyscraper! So, I will cover a lot of ground in this update. First, the headline. Kimberly, Kourtney, and Khloe Kardashian moved to compel arbitration, although they were not signatories to the arbitration agreement.  Kroma Makeup EU v....

READ MORE

Futility Trumps Waiver of Arbitration Rights in Third Circuit

By Liz Kramer | September 26 2016

Class Arbitration, Waiver of Right to Arbitrate Echoing a holding already issued by four other circuits, the Third Circuit recently found that a defendant does not waive its right to arbitration by continuing to litigate in court, if the reason it failed to move to compel arbitration is that the motion would have been futile.  Chassen v. Fidelity Nat'l Fin., Inc.,...

READ MORE

Uber Enforces Arbitration Due To Delegation Clause And Opt Out

By Liz Kramer | September 14 2016

Class Arbitration, Validity of Arbitration Agreement The 9th Circuit's decision to enforce the arbitration agreement in Uber's agreements with drivers made lots of news last week.  And although it includes no new principles of law, it does emphasize some principles that come up regularly in consumer and employment arbitration, so it's worth reviewing the...

READ MORE

Class Rep Can Opt Out of Arbitration for All (And Other Recent State Court Anomalies)

By Liz Kramer | July 15 2016

Class Arbitration, Litigation vs. Arbitration, Validity of Arbitration Agreement, Waiver of Right to Arbitrate Continuing last week’s theme of “States Gone Wild,” here are three more oddball summer decisions from state supreme courts. All of them find interesting paths around federal case law (IMHO). Georgia Says Class Complaint Is Deemed Arbitration Opt Out For All Class Members In Bickerstaff v. SunTrust Bank,...

READ MORE

Out On A Limb, 7th Circuit Creates Circuit Split Over Class Arbitration For Employees

By Liz Kramer | June 7 2016

Class Arbitration Of all the federal circuit courts, I was not expecting the 7th Circuit to venture out on a limb to support the NLRB's interpretation of the National Labor Relations Act (NLRA) as precluding class arbitration waivers.  After all, the 7th Circuit gets affirmed more than other circuit courts by SCOTUS, earning it a...

READ MORE