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Consumer Finance Monitor Podcast Episode: “Accidental Arbitration” -- A New Theory that Would Rein in Consumer Arbitration Clauses and the Scope of the FAA
#WorkforceWednesday®: PAGA in California, NLRB Authority, New Employment Laws in 2025 - Employment Law This Week®
Recent Developments in California's Arbitration Landscape — FCRA Focus Podcast
Dogecoin’s Day in Court
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AGG Talks: Cross-Border Business Podcast - Episode 14: Resolving Cross-Border Conflicts Through International Arbitration
Consumer Finance Monitor Podcast Episode: A Discussion of Industry and Consumer Perspectives on Mass Arbitration
Navigating Mass Arbitration: New Rules and Strategies — The Consumer Finance Podcast
#WorkforceWednesday: Avoiding Legal Illusions - Crafting Effective Arbitration Agreements - Employment Law This Week®
Consumer Finance Monitor Podcast Episode: A Look at a New Approach to Consumer Contracts
Do You Need an Arbitration Clause in Your Energy Contract? Pros and Cons
Consumer Finance Monitor Podcast Episode: Reasons Why the CFPB Should Deny the Petition for Rulemaking on Post-Dispute Consumer Arbitration Agreements
Consumer Finance Monitor Podcast Episode: A Deep Dive into Mass Arbitration, with Special Guest Andrew Pincus, Partner, Mayer Brown
#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave - Employment Law This Week®
California Employment News: US Supreme Court “Viking River” Decision Brings PAGA Relief for CA Employers
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Law Brief®: Jonathan Temchin and Richard Schoenstein Explore Arbitration
The Fifth Circuit Court of Appeals recently reversed a district court’s denial of a motion to compel arbitration, concluding that the contract between the parties evinced an intent to arbitrate even if the purported arbitral...more
On February 28, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s denial of a petition to compel individual arbitration against Starz Entertainment, LLC. The court held that the plaintiff, who...more
It happens every so often: someone signs an agreement to arbitrate legal claims, the agreement has a solid clause delegating arbitrability issues to an arbitrator, and then a member of that person’s family files a claim in...more
A federal court in California recently granted franchisor Spiffy Franchising, LLC’s motion to compel arbitration of a franchisee’s claims, but found the North Carolina forum selection and choice of law provisions in the...more
Once is legally interesting, twice is a trend, and three times is a message. In the last seven years, at least three federal appeals courts (two very recently) have held, following an arbitration ordered by a district court,...more
The Ninth Circuit Court of Appeals recently reversed a district court’s decision to deny a motion to compel arbitration in a case involving a request to refund the cost of airline tickets after a cancellation....more
Ohio- Enforceability of Arbitration Agreement- Bryan Costin v. Midwest Vision Partners LLC., 8th Dist. Cuyahoga No. 112651, 2024-Ohio-463. The Eighth District Court of Appeals recently affirmed the trial court’s ruling...more
Combs Wines and Spirits LLC, a company owned by Sean “Diddy” Combs, has a long-standing business relationship with Diageo North America Inc. by which Diageo distributes Ciroc Vodka and DeLeon Tequila. In May, Combs filed a...more
The U.S. District Court for the Eastern District of Louisiana recently refused to compel arbitration on the ground that the arbitral forum had ceased to exist and that a purported replacement forum was not the same forum and...more
Since July 2019, Florida has seen an influx of over 550,000 new residents, driven in large part by economic migration from other states. This population growth has been accompanied, at least until the third quarter of 2022,...more
Ohio- Agent’s Liability Under Contract- Nat’l Church Residences v. Kessler, 3rd Dist. Union, No. 2023-Ohio-1437. The Third Appellate District reversed the trial court’s decision to grant the plaintiff summary judgment,...more
Fairstead Cap. Mgmt. LLC v. Blodgett, C.A. No. 2022-0673-JTL (Del. Ch. Jan. 6, 2023) - This case highlights the difficulties that can arise when relationships are governed by contracts with competing forum selection and...more
In this matter, plaintiff Marisco Ltd. hired defendant GL Engineering & Construction (GL E&C) to construct and deliver a floating dry dock. Marisco alleged that GL E&C’s principals misrepresented their experience and ability...more
In this cattle-feeding dispute, cattle owner Bonsmara Natural Beef Co. and its principal George Chapman brought an action against feed yard owner Hart of Texas Cattle Feeders LLC, alleging claims including breach of contract,...more
The plaintiffs filed a class action against Domino’s, alleging that the company’s franchise agreement violated federal antitrust law as well as state law. Domino’s moved to compel arbitration, and the plaintiffs opposed on...more
Plaintiffs Kevin Struss, Struss Farms LLC, and Struss & Cook Farms brought certain tort and breach of contract claims against Rural Community Insurance Co. (RCIC) and Scott Laaveg, RCIC’s claims representative. The claims...more
The defendants moved to compel arbitration of a complex dispute concerning the parties’ investment in medical marijuana companies. The plaintiff claimed that the defendants breached a non-compete agreement and fiduciary...more
The U.S. District Court for the District of the Virgin Islands recently compelled arbitration after concluding that a personal guaranty incorporated an arbitration agreement from an underlying contract and rejecting various...more
Want to give up a contractual right to arbitrate? Easy. Don’t seek to enforce it. For example, just litigate for awhile and don’t mention your arbitration clause. The court has no obligation sua sponte to raise or enforce...more
In 2011, a former employee of Waterstone Mortgage Corporation filed a class action against Waterstone alleging violation of the Fair Labor Standards Act and breach of contract. Originally published in the ABA-Section of...more
Plaintiff entered into a lease agreement with Defendants (Shell Oil entities) governing extraction of oil and gas from his five-acre property located in Guernsey County, Ohio....more
Having a client required to arbitrate a case — even though that client never signed off on an arbitration provision — is nothing new. Judge Conrad dealt with that situation late last month in Charlotte Student Housing DST v....more
Medidata brought suit against its competitor, Veeva, alleging that Medidata’s former employees, who eventually left the company to work for Veeva, violated their employment agreements which required them to protect Medidata’s...more
A D.C. district court ruled that an eBay user did not assent to a later-added arbitration clause to the user agreement by virtue of a provision that stated eBay could amend the agreement at any time, as the user may not have...more
Smith Jamison Constr. v. Apac-Atlantic, Inc., 2018 N.C. App. LEXIS 132 (N.C. Ct. App. Feb. 6, 2018) - General contractor APAC-Atlantic (“APAC”) hired Smith Jamison Construction (“Jamison”) as a subcontractor to perform...more