News & Analysis as of

Motion to Compel Appellate Courts Federal Arbitration Act

Troutman Pepper Locke

Fourth Circuit Holds Filing a Time-Barred Collections Lawsuit Waives Right to Arbitrate

Troutman Pepper Locke on

After a debt collector filed suit to collect an expired debt, the U.S. Court of Appeals for the Fourth Circuit held that the debt collector could not later compel arbitration of the debtor’s class action because arbitration...more

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

Saul Ewing LLP

Eleventh Circuit Rules Consumer Must Arbitrate FCRA Suit Following Clickwrap Agreement

Saul Ewing LLP on

How can a company ensure that its clickwrap agreements for services are worth more than just the pixels they’re displayed on? In a recent ruling from the U.S. Court of Appeals for the Eleventh Circuit, the answer may be as...more

McGlinchey Stafford

5th Circuit Reminder: Forum Selection Clause Cannot Strip a Federal Court of Jurisdiction

McGlinchey Stafford on

The 5th Circuit recently reversed a district court’s decision to remand a case before ruling on a pending motion to compel arbitration. This is because the remand motion did not challenge the district court’s jurisdiction;...more

Troutman Pepper Locke

Seventh Circuit Provides “How To” Successfully Present Consumer Arbitration Agreements

Troutman Pepper Locke on

A recent ruling by the U.S. Court of Appeals for the Seventh Circuit affirming a decision compelling arbitration provides a “how to” guideline for using online terms and conditions to form a binding agreement....more

McGlinchey Stafford

Ohio Appeals Court Finds Error in Not Staying Discovery Pending Motion to Compel Arbitration

McGlinchey Stafford on

In Biotricity, Inc. v. DeJohn, 8th Dist. Cuyahoga No. 113216, 2024-Ohio-1593, the Ohio Eighth Appellate District found that the trial court erred by refusing to stay discovery pending a ruling on a motion to compel...more

Constangy, Brooks, Smith & Prophete, LLP

Employer “waived” bye-bye to arbitration after litigating for 7 months

A federal appeals court recently refused to let a mortgage broker send its former employee’s disability discrimination lawsuit to arbitration, stating the company waived its right to arbitration when it actively participated...more

Morrison & Foerster LLP - Left Coast Appeals

This Week in the Ninth: Formation Trials and Tribal Corporations

This week, we take a look at a Ninth Circuit decision navigating the intricacies of appellate review of interlocutory arbitration orders, and another exploring the difference between a federally chartered tribal corporation...more

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