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Creditors › Federal Arbitration Act › Motion to Compel

McGlinchey Stafford

Fifth Circuit Clarifies Arbitration Waiver Requires Same Claim

McGlinchey Stafford on

In Barnett v. American Express National Bank, 24-CA-60391 (5th Cir. 7/29/2025), the U.S. Fifth Circuit reaffirmed that a waiver of the right to arbitrate by “substantially invoking the judicial process” requires a showing...more

Smith Debnam Narron Drake Saintsing & Myers,...

Fifth Circuit Pumps The Brakes On Arbitration

Smith Debnam Narron Drake Saintsing & Myers,... on

In a recent appeal directly to the Fifth Circuit from a Southern District of Texas Bankruptcy Court, the court affirmed the bankruptcy court’s denial of a motion to compel arbitration. In Henry v. Educational Financial...more

Ballard Spahr LLP

Second Circuit, on Truncated Record, Holds Dispute Implicating Core Bankruptcy Proceeding Non-Arbitrable

Ballard Spahr LLP on

In a recent decision pitting the Bankruptcy Code against the Federal Arbitration Act (FAA), the U.S. Court of Appeals for the Second Circuit held that a creditor could not compel arbitration of a debtor's class action claims...more

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