A Florida appellate court held that plaintiff was required to arbitrate her claims against the attorney and her law firm (defendants) that represented her in underlying divorce proceedings pursuant to an arbitration provision in the retainer agreement, despite other provisions being unenforceable. The court agreed with plaintiff that the retainer agreement’s fee-shifting and cost-shifting provisions were unenforceable for violating public policy. However, plaintiff was still required to arbitrate her alleged claims because the agreement to arbitrate was severable.
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This article was first published on Proskauer Blog, here. While the California Supreme Court has repeatedly upheld arbitration agreements with class action waivers (as they must under the Federal Arbitration...
By Anthony J. Oncidi, Philippe A. LebelWhen the Apple II was released in 1977, it was among the first computers marketed and mass-produced for businesses and individuals alike. Apple would later adopt the slogan “The computer...
By Colin RuleIn this episode of the Arbitration Conversation, Amy interviews Oladeji M. Tiamiyu, Clinical Fellow at the Harvard Negotiation and Mediation Clinical Program. Prior to joining HNMCP, Oladeji was an Online...
By Oladeji Tiamiyu, Amy Schmitz
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