Tag: Federal Arbitration Act

Supreme Court Limits California’s PAGA Law on Employment Claims, Preempting It in Part under the Federal Arbitration Act author.

Supreme Court Limits California’s PAGA Law on Employment Claims, Preempting It in Part under the Federal Arbitration Act

This article was first published in CPR Speaks, The Blog of the CPR Institute, here. The U.S. Supreme Court ruled...

By Arjan Bir Singh Sodhi, Russ Bleemer
If We Can’t End Mandatory Arbitration, Let’s Improve It author.

If We Can’t End Mandatory Arbitration, Let’s Improve It

There has been a lot of recent legislative action aimed at reining in forced arbitration clauses in consumer and employee...

By Brittany Munn, Colin Rule
A Note on Badgerow v. Walters et al. (No.20-1143, March 31,2022) author.

A Note on Badgerow v. Walters et al. (No.20-1143, March 31,2022)

At her confirmation hearing Justice Kagan noted “So in that sense, we are all originalists.” (U.S. Senate Judiciary Committee Hearing,...

By Terry Moritz
Arbitration of PAGA Claims & Uncertainty in the Future of US Arbitration author.

Arbitration of PAGA Claims & Uncertainty in the Future of US Arbitration

The United States Supreme Court heard oral arguments in Viking River Cruises, Inc. v. Moriana, No. 20-1573, on March 30,...

By Imre Szalai
Badgerow v. Walters – Answering Vaden’s Questions and Limiting Its Application author.

Badgerow v. Walters – Answering Vaden’s Questions and Limiting Its Application

Introduction             The Supreme Court’s decision in Vaden v. Discover Bank, 556 U.S. 49 (2009), held that district courts can...

By Kristen Blankley
Resolving Sexual Misconduct Cases in the Workplace: Where Do We Go Now? author.

Resolving Sexual Misconduct Cases in the Workplace: Where Do We Go Now?

Just a few weeks ago, on March 3, 2022, President Joe Biden signed into law a bill that amends the...

By Brittany Munn, Colin Rule
This Just In: SCOTUS Decides Badgerow author.

This Just In: SCOTUS Decides Badgerow

 Just as we went to press came word that, based on statutory construction, the Supreme Court has decided Badgerow v. Walters,...

By George Friedman
SCOTUS Hears Oral Arguments in Morgan and ZF Auto. Two More to Go author.

SCOTUS Hears Oral Arguments in Morgan and ZF Auto. Two More to Go

The Supreme Court heard oral arguments this week in two of four cases involving arbitration it will review within a...

By George Friedman
Reminder: SCOTUS Hears Two of “Arbitration Final Four” Oral Arguments Next Week author.

Reminder: SCOTUS Hears Two of “Arbitration Final Four” Oral Arguments Next Week

Just a reminder that SCOTUS will be hearing oral arguments next week on two cases involving arbitration. We reported in...

By George Friedman
President Biden Signs Into Law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. It Became Effective Immediately author.

President Biden Signs Into Law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. It Became Effective Immediately

President Biden on March 3 signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. It became effective...

By George Friedman
Forced Arbitration Ban in #MeToo Cases: What’s Next for Employers? author.

Forced Arbitration Ban in #MeToo Cases: What’s Next for Employers?

This article first appeared on Engage Blog by Hogan Lovells, here. President Biden is expected to sign into law legislation...

By Ches Garrison
Analysis: Georgia Court Vacates FINRA Award on Several Bases author.

Analysis: Georgia Court Vacates FINRA Award on Several Bases

Just as we were finalizing the last Alert, we learned that a Georgia Trial Court had vacated a FINRA Award based...

By George Friedman
Beware International Laws and Conventions author.

Beware International Laws and Conventions

In the decision, McDonnel Group, LLC v. Great Lakes Insurance SE, UK Branch. No. 18-30817, 2019 WL 2082905, (5th Cir....

By Brian R. Gaudet
The U.S. Supreme Court Finally Will Review (and May Bury) PAGA’s Anti-Arbitration Rule author.

The U.S. Supreme Court Finally Will Review (and May Bury) PAGA’s Anti-Arbitration Rule

This article was first published on Proskauer Blog, here. While the California Supreme Court has repeatedly upheld arbitration agreements with...

By Anthony J. Oncidi, Philippe A. Lebel
Arbitration Conversation No. 68: Prof. Imre Szalai of Loyola University New Orleans author.

Arbitration Conversation No. 68: Prof. Imre Szalai of Loyola University New Orleans

In this episode of the Arbitration Conversation, Amy interviews Prof. Imre Szalai of Loyola University New Orleans, a nationally-known scholar...

By Imre Szalai, Amy Schmitz
And Then There Were Four: SCOTUS Takes on Fourth Arbitration-Related Case in a Month author.

And Then There Were Four: SCOTUS Takes on Fourth Arbitration-Related Case in a Month

This article was first published on the Securities Arbitrate Alert, here. In about a month, the Supreme Court has gone...

By George Friedman
While the Ninth Circuit Added Clarity in Its Recent Uber Opinion, Legislative Challenges to Mandatory Arbitration May Be Ahead author.

While the Ninth Circuit Added Clarity in Its Recent Uber Opinion, Legislative Challenges to Mandatory Arbitration May Be Ahead

This article first appeared on the Employment Class Action Blog, here. A U.S. Court of Appeals for the Ninth Circuit...

By John Lewis
SCOTUS Won’t Reconsider Denied Cert. Petition on FAA Applicability to Amazon Drivers author.

SCOTUS Won’t Reconsider Denied Cert. Petition on FAA Applicability to Amazon Drivers

This article first appeared on Securities Arbitration Alert, here. SCOTUS again has eschewed an opportunity to clear up the split...

By George Friedman
Has the 11th Circuit Clarified the Transportation Worker Exemption of the FAA or Just Created a Circuit Split? author.

Has the 11th Circuit Clarified the Transportation Worker Exemption of the FAA or Just Created a Circuit Split?

This article was first published on the Employment Class Action Blog here. In a published June 22 opinion, the Eleventh...

By John Lewis
Eleventh Circuit Clears the Road to Arbitration for Last-Mile Drivers author.

Eleventh Circuit Clears the Road to Arbitration for Last-Mile Drivers

This article first appeared on LexBlog.com, here. Seyfarth Synopsis: Though it may sound esoteric, the question of whether “last mile” drivers...

By Lennon B. Haas, Kyle Petersen, Kevin M. Young
Distinguishing Discovery Procedures in Commercial Arbitration:  A Comparative Analysis of AAA and FINRA Rules author.

Distinguishing Discovery Procedures in Commercial Arbitration: A Comparative Analysis of AAA and FINRA Rules

This article first appeared in Securities Arbitration Alert, here. Introduction In civil litigation, discovery is the process by which parties...

By Ksenia Matthews
U.S. Supreme Court Declines to Review Whether the Federal Arbitration Act Forecloses Public-Policy Challenges to Arbitration Awards author.

U.S. Supreme Court Declines to Review Whether the Federal Arbitration Act Forecloses Public-Policy Challenges to Arbitration Awards

This article first appeared in Global Dispute Resolution Insights, here. For the second time in four years, the U.S. Supreme...

By Sarah Biser
Remedying a Slip in an Award author.

Remedying a Slip in an Award

This blog was originally published on the Practical Law Arbitration blog on 18 May 2021. Practical Law is part of Thomson Reuters A new...

By Michael Lampert
SCOTUS Denies Certiorari in Selden. At Issue: FAA Review of Awards Based on Public Policy author.

SCOTUS Denies Certiorari in Selden. At Issue: FAA Review of Awards Based on Public Policy

This article first appeared in the Securities Arbitration Alert Blog. As reported in SAA 2021-19 (May 20), the Supreme Court...

By George Friedman
Margin Debt Hits An All-time High of $814 Million. Any Arbitration Implications? author.

Margin Debt Hits An All-time High of $814 Million. Any Arbitration Implications?

This article first appeared on the Securities Arbitration Alert (SAA) blog, here. Margin debt in February grew to $814 million,...

By George Friedman
FAIR Act Published. It’s Pretty Much the Same as the Last Iteration author.

FAIR Act Published. It’s Pretty Much the Same as the Last Iteration

This article first appeared on the Securities Arbitration Alert (SAA) Blog, here. The recently-introduced Forced Arbitration Injustice Repeal (FAIR) Act has been...

By George Friedman
The Elections are (Finally!) Over: What’s in Store for the Arbitration and the Financial Services Worlds author.

The Elections are (Finally!) Over: What’s in Store for the Arbitration and the Financial Services Worlds

This article first appeared on the Securities Arbitration Alert (SAA) blog, here. At long last the 2020 elections are behind...

By George Friedman
Arbitration Conversation No. 3: Amy interviews Prof. Bob Bailey of Mizzou Law author.

Arbitration Conversation No. 3: Amy interviews Prof. Bob Bailey of Mizzou Law

In this episode of Arbitration Conversation Amy Schmitz interviews Prof. Bob Bailey of Mizzou Law on the new unanimous Supreme...

By Robert Bailey, Amy Schmitz

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