Appeals, Federal Arbitration Act, Business Litigation

Manifest Disregard Discarded: Fifth Circuit Limits Grounds to Vacate Arbitration Awards

Bradley Arant Boult Cummings LLP on 5/6/2025

“Manifest disregard of the law” is no longer a valid basis to challenge arbitration awards, at least not in the federal courts of Texas, Mississippi and Louisiana. Rather, according to the Fifth Circuit’s decision in U.S....more

Ninth Circuit Issues First Published Opinion Addressing Mass Arbitration

DLA Piper on 3/7/2025

The US Court of Appeals for the Ninth Circuit issued its first published opinion addressing mass arbitration on February 28, 2025, following the court’s decision in Heckman v. Live Nation Entertainment, et al., 120 F.4th 670...more

Fourth Circuit Rules that SCRA Does Not Preclude Arbitration

McGlinchey Stafford on 2/18/2025

In a decision with potentially wide-ranging implications, the Fourth Circuit Court of Appeals reversed a district court’s decision to deny a national bank’s motion to compel arbitration, finding that amendments to the...more

Texas Legislature Convenes New Regular Session

Snell & Wilmer on 2/17/2025

The Texas Legislature follows a unique legislative calendar and convenes in regular session for 140 days only once every other year. This unusual schedule creates a flurry of new state laws every other year in Texas. These...more

Supreme Court Holds That Prejudice Is Not Part of an Arbitration Waiver Analysis Under the FAA

Perkins Coie on 6/1/2022

The U.S. Supreme Court, in a May 23 decision, ruled that the federal policy favoring arbitration does not authorize federal courts to impose a prejudice requirement when evaluating whether a party has waived its right to...more

Supreme Court Limits Federal Courts’ Jurisdiction to Enforce Arbitration Awards

Perkins Coie on 4/7/2022

Last week, the U.S. Supreme Court ruled that federal courts cannot enforce or vacate arbitration awards under Sections 9 and 10 of the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., unless they have an independent...more

Arbitration Clauses Under Attack – Do They Harm Consumers?

Burr & Forman on 11/3/2015

Arbitration clauses are a common feature in a large part of my business litigation practice. They are generally enforceable under both federal and state statutes (e.g., the Federal Arbitration Act and the Tennessee Uniform...more

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