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For VICTIMS of Credit Card companies and their collection agencies and law firms.
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Are You a Victim of Wrongful Arbitration?
How Credit Card Companies such as MBNA Might Use Wrongful Arbitration Against You
The National Arbitration Forum
Patenaude and Felix
Wolpoff and Abramson
Gordon and Wong
A Typical Arbitration Path
The Arbitration Path step 2
Dealing with the Process when you Suspect Wrongful Arbitration
How to Refinance Safely in the Face of (Multiple) Liens, Judgments, and Adverse Arbitration Awards
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Are You a Victim of Wrongful Arbitration?
How Credit Card Companies such as MBNA Might Use Wrongful Arbitration Against You
The National Arbitration Forum
Patenaude and Felix
Wolpoff and Abramson
Gordon and Wong
A Typical Arbitration Path
The Arbitration Path step 2
Dealing with the Process when you Suspect Wrongful Arbitration
How to Refinance Safely in the Face of (Multiple) Liens, Judgments, and Adverse Arbitration Awards
Contact Form
Discussion forum
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Recent Entries
San Francisco City Attorneys File Suit Against the NAF
Wrongful Arbitration is the Hidden Cost of Unregulated Social Policy Calling for Outsourcing of Civil Justice
Should the Corbett Bill be replicated to other states? (or Where There's Smoke There's Fire)
"The American Jury System is Dying"
Do the Credit Industries Mold Social Policy for Their Own Greed?
What's Happened to A.B. 2574 and CCCP Section 1281.92?
California CCP 1281.96 : Are the filings by the National Arbitration Forum Disingenuous?
Is Justice for Sale at the National Arbitration Forum?
Schiano v MBNA, Wolpoff & Abramson, and the National Arbitration Forum
Did Your County Court Grant FIA Card Services Their Motion to Compel Arbitration?
Tuesday, April 8 2008
Wrongful Arbitration is the Hidden Cost of Unregulated Social Policy Calling for Outsourcing of Civil Justice
Sunday, March 2 2008
Should the Corbett Bill be replicated to other states? (or Where There's Smoke There's Fire)
Monday, August 13 2007
"The American Jury System is Dying"
Sunday, August 5 2007
Do the Credit Industries Mold Social Policy for Their Own Greed?
Saturday, August 4 2007
What's Happened to A.B. 2574 and CCCP Section 1281.92?
Thursday, August 2 2007
California CCP 1281.96 : Are the filings by the National Arbitration Forum Disingenuous?
Wednesday, August 1 2007
Is Justice for Sale at the National Arbitration Forum?
Tuesday, July 31 2007
Schiano v MBNA, Wolpoff & Abramson, and the National Arbitration Forum
Friday, July 27 2007
Did Your County Court Grant FIA Card Services Their Motion to Compel Arbitration?
Wednesday, July 25 2007
Tort Deform
Speaking of good articles...
NYT Op Ed calls for Civil Gideon
Commentary on the Vicki Iseman lawsuit
Here's some real health care reform: Civil Gideon for indigent patients
Will tort “reformers” attack this $900 million dollar lawsuit like they did the $54 million pants lawsuit?
New administration, new shot at consumer protection?
For renters facing eviction due to landlord's foreclosure
This Bextra lawsuit shows the injustice in preempting lawsuits against pharmaceuticals
New Coverage of Bush Admin's end run around Consumer Justice
Economic crisis freezes civil justice system
Friday, January 2. 2009
NYT Op Ed calls for Civil Gideon
Friday, January 2. 2009
Commentary on the Vicki Iseman lawsuit
Thursday, January 1. 2009
Here's some real health care reform: Civil Gideon for indigent patients
Wednesday, December 31. 2008
Will tort “reformers” attack this $900 million dollar lawsuit like they did the $54 million pants lawsuit?
Tuesday, December 30. 2008
New administration, new shot at consumer protection?
Monday, December 29. 2008
For renters facing eviction due to landlord's foreclosure
Friday, December 26. 2008
This Bextra lawsuit shows the injustice in preempting lawsuits against pharmaceuticals
Wednesday, December 24. 2008
New Coverage of Bush Admin's end run around Consumer Justice
Tuesday, December 23. 2008
Economic crisis freezes civil justice system
Monday, December 22. 2008
N A F (know thy enemy)
Federal Court in New Jersey Rules That FAA Preempts Rule Against Class Waivers in Arbitration Agreements
Eighth Circuit Upholds Class Waiver Where Arbitration Agreement and Statutory Fee-Shifting Provision Would Allow Claimant to Recover Her Attorney Fees
California Law Allows Parties to Contract for Heightened Judicial Review of Arbitration Awards
Court Upholds Class Waiver in Wireless Service Agreement Because Customer Had "Meaningful Opportunity" to Reject the Agreement
Texas Court of Appeals: Parties Cannot Obtain Heightened Judicial Review by Arguing That Arbitrator Exceeded Their Powers
Arbitrator Did Not Exceed Powers by Applying Equitable Principles and Excusing Noncompliance with Notice-and-Cure Provision
Arbitration Rules Provided Legal Basis for Attorney Fees Award By Authorizing Arbitrator to Grant Any "Just and Equitable" Relief
Party Who Received Notice of Arbitration But Did Not Object Can Not Raise Post-Award Challenge to Existence of Arbitration Agreement
Colorado Law Permits Attorney-in-Fact to Agree to Arbitration on Behalf of Nursing Home Resident
Sexual Assault Claim Falls Outside the Scope of Employee's Arbitration Agreement
Louisiana Court Holds That FAA Deadline for Challenging Award Does Not Preclude Party from Arguing No Arbitration Agreement
FAA Preempts Texas Law Imposing Special Conditions on Agreements to Arbitrate Personal Injury Claims
FAA Does Not Apply to Mediation Agreements
FORUM Code of Procedure Authorizes Arbitrators to Sanction Parties Who Bring Frivolous Claims
Federal Court Honors Choice-of-Law Provision and Upholds Class Waiver Under Virginia Law
Third Circuit Finds No Procedural Unconscionability Where Employee Agreeing to Arbitrate Was Highly Educated
California Court Finds That Parties Cannot Contract for Heightened Judicial Review of Arbitration Awards
Sixth Circuit Holds That Non-Signatories Have No Right to Interlocutory Appeal of Order Denying Arbitration
Arkansas Federal Court Finds That FAA Preempts Mutuality Requirement
Under Missouri Law, Wrongful Death Claims Now Arbitrable Under Decedent's Arbitration Agreement
Reference to Arbitration Rules Proves Parties' Intent to Submit Arbitrability Questions to Arbitrator
Arbitrator Exceeded His Powers by Disregarding Parties' Instructions to Apply Wisconsin Law
Supreme Court Holds That FAA Grounds for Vacatur Are Exclusive
Federal Arbitration Act Preempts Oklahoma Law Disallowing Arbitration Agreements in Nursing Home Contracts
Seventh Circuit Upholds Arbitrator's Award of Equitable Relief
Supreme Court Grants Cert to Answer Lingering Question on Permissible Scope of Union-Negotiated Arbitration Agreements
Termination of Employee for Refusing to Execute an Arbitration Agreement Covering Pending Claims Held "Retaliatory" by Eleventh Circuit
Supreme Court Holds That "Judge Alex" Must Arbitrate Dispute with Alleged Talent Agent
North Carolina Supreme Court Finds Arbitration Cost-Prohibitive Where Agreement Required Losing Party to Pay for Arbitral Appeal
Arbitration Agreements "Part of the Bargain" If Conspicuous or Brought to Attention Elsewhere in the Contract
Under Mississippi Law, Health Care Surrogates Have Statutory Authority to Agree to Arbitration
Law Firm Did Not Waive Right to Arbitrate by Filing Collection Lawsuit
Ninth Circuit Finds Class Waiver Unenforceable Under Washington Law
Pennsylvania Supreme Court Finds No Federal Preemption of State's Thirty Day Limit on Challenging Arbitration Awards
Party Waived Challenge to Validity of Arbitration Agreement by Not Appearing in Court or Arbitration
Agreement to Arbitrate Must Be Mandatory To Be "Health Care Decision" Under Mississippi Statute
Arbitration Rules Preserve Arbitration Agreement by Allowing Claimant to Avoid Unaffordable Costs
Arbitrators' Lack of Information Does Not Constitute "Mistake" That Would Warrant Award Modification
Awareness of Underlying Contract Along with Access to Its Terms Sufficient to Prove Existence of Arbitration Agreement
Notice Deficiencies Render Class Waiver Unenforceable Under Massachusetts Law
Prohibition on Written Opinions Renders Employee's Arbitration Agreement Unenforceable
Party Fails to Preserve Issue of Arbitrability by Not Objecting to Arbitration Proceeding
Federal Court Grants Comity to Tribal Court's Vacatur of Arbitration Award
Three-Month Deadline for Challenging Award Started to Run When Award Was Placed in the Mail
Power of Attorney for Health Care Decisions Authorized Attorney-in-Fact to Enter Arbitration Agreement
Upholding Class Waiver Under Texas Law Did Not Violate Public Policy of Washington
Award Confirmation Does Not Require Signed Agreement
Ninth Circuit Finds Class Waiver Unenforceable Under California Law
Dispute Arising from "Deep Throat" Revelation Must Be Arbitrated
Nonsignatory Fails in Attempt to Compel Arbitration of Dispute Arising from Separate Agreement
Inventorship Disputes Can Be Resolved Through Arbitration
Good Faith Appeal from Order Denying Arbitration Precludes Further Discovery
Party Waived Right to Arbitrate By Misleading Court on Terms of Proposed Settlement
New Mexico Court Honors Texas Choice-of-Law Provision in Upholding Arbitration Agreement
Arbitrator Must Decide Whether Party Complied with Conditions Precedent to Arbitration
Oregon Court Relies on AAA's Class Arbitration Policy in Holding That Arbitration Agreement Permits Class-Wide Proceedings
Second Circuit Finds "Evident Partiality" Where Arbitrator Attempted to Preserve Neutrality by Not Investigating a Potential Conflict
Proper Mailing of Arbitration Agreement Creates Presumption of Receipt
Federal Court Honors Choice-of-Law Provision and Upholds Class Action Waiver Under Texas Law
Arbitrator Exceeded His Powers by Disregarding Contractual Mandate to Award Attorney Fees to the Prevailing Party
Doctrine of "Complete Preemption" Creates Federal Jurisdiction over Petition to Compel Arbitration
Arbitrator, Not Court, Must Decide Whether Arbitration Proceedings Should Be Consolidated
New Jersey Arbitration Act Expressly Permits Parties to Contract for Heightened Judicial Review
Operator of Virtual World "Second Life" Must Resolve Real World Dispute in Court
California Law Does Not Allow Parties to Challenge Arbitration Awards Beyond the Statutory Deadline
Colorado Supreme Court Rejects "Intertwining Doctrine" As Basis for Denying Arbitration
New Jersey Federal Court Applies Utah Law in Upholding Bar on Class-Wide Proceedings
Disclosure of Early Neutral Evaluation Violated Court's ADR Rules
Fifth Circuit Upholds Arbitration Agreement in Employment Dispute
Alabama Supreme Court Finds "Clear and Unmistakable" Evidence of Intent to Arbitrate Questions of Arbitrability
Arbitrators Exceeded Their Authority by Ignoring Clear Language of Contract
Class Action Waiver Upheld Under D.C. Law
Ninth Circuit Implicitly Adopts Rebuttable Presumption of Procedural Unconscionability, but Only for Employee Contracts
Ohio Supreme Court Preserves Arbitration Agreement by Severing Provision for Heightened Review
Presumption in Favor of Arbitration Does Not Extend to Jury Trial Waivers
Court Can Delve into Merits of Arbitrable Dispute When Party Seeking Arbitration Requests Ruling on the Merits
Eleventh Circuit: Federal Courts Have Jurisdiction Over a Petition to Compel Arbitration If Underlying Dispute Presents Federal Question
Court Refuses to Enforce Arbitration Agreement Because AHLA Arbitration Rules Elevated the Claimant's Evidentiary Burden
Claim of Duress Raised a Question for the Arbitrator, Not the Court, Because Alleged Duress Related to the Contract As a Whole
Connecticut Supreme Court Upholds AAA Arbitration Award Despite Vacancy on Arbitration Panel
Federal Court Follows Majority Rule and Stays Further Proceedings Pending Appeal from Order Denying Arbitration
Lack of Mutuality Does Not Necessarily Invalidate an Arbitration Agreement Under Oregon Law
Federal Court Upholds Class Action Waiver Under Arkansas Law
Lack of Mutuality and Limitation on Damages Render Arbitration Agreement Unenforceable Under South Carolina Law
California Court Honors Delaware Choice-of-Law Provision in Upholding Agreement to Arbitrate
Fourth Circuit: Validity of Class Action Waiver Is a Procedural Question for the Arbitrator, Not a Gateway Issue for the Court
Arbitration Agreement Governs Underlying Contract Rejected by Bankruptcy Debtor
Kentucky Savings Statute Tolls Deadline for Challenging Arbitration Award
Frivolous Challenge to Arbitration Award Triggers Sanctions
Maryland Court "Stands Firm in the Majority" of Courts Upholding Class Action Waivers
Court Rejects Unconscionability Challenge to Arbitrator's Determination That Class-Wide Proceedings Were Unavailable
California Court Finds That Husband Did Not Have Statutory Authority to Enter Arbitration Agreement on Wife's Behalf
Second Circuit Precedent Allows Courts to Grant Provisional Remedies When International Arbitration Is Pending
Court Finds That Arbitration Can Advance Policy Embodied by Antihazing Statute
Employee Cannot Intervene in EEOC Enforcement Lawsuit If Discrimination Claims Are Subject to Arbitration
ADR Provision Remains in Force After Termination of Underlying Contract
Florida Law Does Not Allow Interlocutory Appeal from Order Vacating Arbitration Award
NASD Arbitration Rules Do Not Allow Class Action Waivers
Florida Courts Remain Split on Who Decides Enforceability of Liability Limitations: Judge or Arbitrator?
Broad Arbitration Clause Empowers Arbitrator to Decide All Disputes, Including Enforceability of Exculpatory Clause
Arbitrator Decides Challenge to Underlying Contract Whenever FAA Governs Arbitration Clause
Arbitrator Exceeded Powers by Awarding Treble Damages When Claimant Only Sought Actual Damages
Core Bankruptcy Proceeding Disputes Are Arbitrable
Arbitrator's Award Was Sufficiently Detailed to Satisfy the Parties' Agreement That the Arbitrator Must Issue a "Reasoned" Award
California Federal Court Honors Choice-of-Law Provision and Upholds Class Action Waiver
Non-Signatory to Arbitration Agreement Must Object to Jurisdiction Before Award Is Issued
Arbitrators Exceeded Their Powers by Awarding Fees in Contravention of the Parties' Agreement
Nonsignatories Under the Doctrine of Equitable Estoppel Enjoy FAA Right of Appeal
Federal Court Treats "Infancy Doctrine" As a Question for the Court to Determine Existence of Arbitration Agreement
Eighth Circuit Upholds Arbitration Award over Public Policy Challenge
Arbitration Agreement Continues in Effect After Expiration of Underlying Contract
Fifth Circuit Holds That Arbitration Clause in Settlement Agreement Between Seaman and Employer Is Covered by FAA
Court Rejects Unconscionability Challenge to Nursing Home Arbitration
Missouri Court: Motions to Compel Arbitration Will Not Be Granted Unless Served on Opposing Party Within a Reasonable Time
Challenge to Arbitration Award Must Be Timely
Court Orders Arbitration of Derivative Action Pursuant to Shareholders' Arbitration Agreement
Federal Court in Colorado Upholds Bar on Class-Wide Proceedings
Mississippi Supreme Court Upholds Agreement to Arbitrate Questions of Arbitrability
Party Can Seek an Order Compelling Arbitration When Opposing Party Refuses to Arbitrate in Designated Locale
Arbitrator Must Decide Whether a Party Has Waived Right to Arbitrate, Unless Alleged Waiver Is Based on Litigation Conduct
Seventh Circuit: FAA Does Not Require Court to Stay Entire Case When Only Some Issues Are Subject to Arbitration
Texas Federal Court Overturns Arbitral Award Based on Parties' Agreement for a Heightened Standard of Review
Limited Right of Modification Makes Arbitration Agreement Fair and Enforceable
Challenge to Validity of the Contract As a Whole Must Go to the Arbitrator
Receipt of Medicaid Payments Triggers Application of Federal Arbitration Act to Employment Dispute
Sixth Circuit Concludes Arbitrators Did Not Exceed Powers and Upholds Summary Arbitration Award
Fifth Circuit Upholds Finality of Arbitration by Rejecting Nondisclosure of Trivial Relationships As a Basis for Vacatur
Individual Members of Group Health Plan Are Entitled to Arbitration Disclosures Required by California Law
California Courts Are Split on Whether Opt-Out Provision with Delayed Consequences Ensures Enforceability of Class Action Waiver
California Law Governing Attorney-Client Fee Disputes Preempts Binding Arbitration Under State Law, but May Not Under FAA
Under Texas Law, Unconscionability Challenge to Arbitration Agreement Requires Proof of Procedural and Substantive Unconscionability
California Courts Lack Authority to Order Mediation in Some Cases
Workers' Compensation Claim Falls Within Employee's Arbitration Agreement
Oklahoma Supreme Court Diverges from Majority Rule in Holding That the FAA Did Not Apply to a Nursing Home's Arbitration Agreement
Court Cannot Proceed to Trial While Question of Arbitrability Is Under Appeal
Texas Supreme Court Allows Nonsignatories to Claim Benefits of Arbitration
Arbitrator Can Exceed Powers by Committing an Error of Law
Under California Law, Direct Expression of Binding Intent Is Necessary to Exempt Settlement Agreement from Mediation Confidentiality
Mediated Settlement Terms Gave Party Enforceable Seven-Day Right of Revocation
Fifth Circuit Reaffirms Pro-Arbitration Federal Policy and Upholds "Expansive" Arbitration Agreement
Georgia Supreme Court Holds That Prior Arbitration Award Has Res Judicata Effect
Arbitration Moves Forward Even Though Claimant Invoked Right Against Self-Incrimination
Inclusion of Person's Name on Contract Did Not Alone Prove Assent to Arbitration Agreement
Ninth Circuit Splinters on Proper Application of Buckeye
Louisiana Court Rejects Manifest Disregard of the Law as a Basis for Challenging Arbitration Awards
Court Enforces Arbitration Agreement Absent Specific Evidence That Arbitration Costs Are Excessive and Deter Individual Claims
Frivolous Challenge to Arbitration Award Triggers Sanctions
No Amore for Italian Film Distributor Who Waived the Protections of a California Statute Governing International Arbitration
Despite Conflicting Procedures, Separate Arbitration Provisions Still Show Intent to Arbitrate
Federal Court Upholds Credit Card Arbitration Agreement Formed by Change of Terms and Subsequent Use
Courts Will Not Consider Allegations of Arbitrator Bias Until Award Is Issued
Court Upholds Arbitration Award Finding Employer Liable for Discrimination
Confidentiality Protections Apply to Hybrid Procedure Consisting of Arbitration and Mediation
California Federal Court Stays Litigation While Ninth Circuit Decides Issue of Arbitral Class Waiver
Lack of Evidence Is Fatal to Motion to Vacate an Arbitration Award
Arbitrator Exceeds His Powers by Committing Legal Error
California Court Errs by Holding Hearing After, Not Before, Motion to Compel Arbitration
Nonsignatory Must Arbitrate if Receiving Direct Benefits From the Underlying Contract
Indiana Court Refuses to Follow FTC's "Unreasonable" Position on Arbitration of Warranty Claims
FAA Preempts Nebraska Law Requiring Conspicuous Notice of Arbitration Clause
Court Upholds Arbitration Agreement Formed by "Clicking" Acceptance
California Federal Court Upholds Arbitration Agreement Containing Class Action Waiver
Broad Arbitration Clause Covering Future Timber Disputes Remains in Force Years After Harvest
Individual Investor Recoups Losses at Arbitration
Florida Supreme Court Affirms Arbitrator's Authority to Decide Timeliness Defenses
Michigan Court Applies Rational Basis Test to Arbitrators' Award
Arbitrators Have Full Authority to Grant Summary Judgment
Thoroughbred Arbitration Award Has Racehorse Owner Out of Joint
Arbitration Agreement Does Not Support Exercise of Personal Jurisdiction for a Lawsuit By a Nonsignatory
Arbitration Agreements in Loan Documents Need to Exhibit Mutual Obligations to Arbitrate Claims
Employee Prevails in Attempt to Submit Employment Dispute to Arbitration
Court Strongly Endorses Use of Arbitration for Sarbanes-Oxley Employment Claims
Tenth Circuit Holds That Continued Employment Constitutes Assent to Arbitration Agreement
Illinois Supreme Court Supports Class Arbitration Waivers Where Consumers Can Opt Out or Have Affordable Arbitral Remedy
Claims Related to Embezzlement at Law Firm Arbitrable Even With Questionable Litigation Carve Out
California's Mediation Confidentiality Rule Does Not Bar Evidence of Oral Settlement Agreement Reached at Mediation
Arbitration of Fee Dispute and Res Judicata Bar Subsequent Malpractice Lawsuit by E Street Ex
Confidentiality Agreement Protects Statement Made at Mediation
Arbitration Agreement Survives Buyer's Attempt to Undo the Sales Transaction and Covers Non-Signatory Collection Agency
Arbitration Award Bars Subsequent RICO Action Under Doctrine of Res Judicata
First Circuit: There Is No Manifest Disregard Unless the Arbitrator Expressly Disregards the Applicable Substantive Law
Court May Modify Execution of Terms, but not Substance, of Foreign Arbitration Award
Arbitrator Exceeded Authority by Awarding More Than Amount Requested
Fifth Circuit Holds That Arbitration Clause in Insurance Policy Applies Only to Disputes Involving the Insurer, and Not Between Insureds
Tennessee Court Follows "Vast Majority of State and Federal Courts" by Upholding Waiver of Class-Wide Proceedings
Federal Court Says National Arbitration Forum's Arbitral Procedures Ensure the Selection of a Neutral Arbitrator
Arbitrators With Specific Authority Can Issue Supplemental Awards, Says NJ Court
Tenth Circuit: Federal Courts Have Authority to Order Arbitration Outside Their District
Party Does Not Waive Right to Arbitrate by Filing Lawsuit Unless There is Prejudice to the Opposing Party
In California, Parties Can Contract for Judicial Review of Arbitrator's Misapplication of the Law By Using "Magic Words"
Parties' Submissions Expand Arbitrator's Authority
Alabama Supreme Court Says Arbitration Rules Must Provide For Award of Punitive Damages
Arbitration Provides Consumers a Full Range of Legal Remedies
Wednesday, October 29. 2008
Eighth Circuit Upholds Class Waiver Where Arbitration Agreement and Statutory Fee-Shifting Provision Would Allow Claimant to Recover Her Attorney Fees
Wednesday, October 1. 2008
California Law Allows Parties to Contract for Heightened Judicial Review of Arbitration Awards
Monday, September 8. 2008
Court Upholds Class Waiver in Wireless Service Agreement Because Customer Had "Meaningful Opportunity" to Reject the Agreement
Monday, August 25. 2008
Texas Court of Appeals: Parties Cannot Obtain Heightened Judicial Review by Arguing That Arbitrator Exceeded Their Powers
Tuesday, August 12. 2008
Arbitrator Did Not Exceed Powers by Applying Equitable Principles and Excusing Noncompliance with Notice-and-Cure Provision
Thursday, July 31. 2008
Arbitration Rules Provided Legal Basis for Attorney Fees Award By Authorizing Arbitrator to Grant Any "Just and Equitable" Relief
Monday, July 7. 2008
Party Who Received Notice of Arbitration But Did Not Object Can Not Raise Post-Award Challenge to Existence of Arbitration Agreement
Wednesday, June 18. 2008
Colorado Law Permits Attorney-in-Fact to Agree to Arbitration on Behalf of Nursing Home Resident
Wednesday, June 11. 2008
Sexual Assault Claim Falls Outside the Scope of Employee's Arbitration Agreement
Monday, June 9. 2008
Louisiana Court Holds That FAA Deadline for Challenging Award Does Not Preclude Party from Arguing No Arbitration Agreement
Tuesday, June 3. 2008
FAA Preempts Texas Law Imposing Special Conditions on Agreements to Arbitrate Personal Injury Claims
Thursday, May 29. 2008
FAA Does Not Apply to Mediation Agreements
Tuesday, May 27. 2008
FORUM Code of Procedure Authorizes Arbitrators to Sanction Parties Who Bring Frivolous Claims
Friday, May 16. 2008
Federal Court Honors Choice-of-Law Provision and Upholds Class Waiver Under Virginia Law
Tuesday, May 13. 2008
Third Circuit Finds No Procedural Unconscionability Where Employee Agreeing to Arbitrate Was Highly Educated
Friday, May 9. 2008
California Court Finds That Parties Cannot Contract for Heightened Judicial Review of Arbitration Awards
Tuesday, May 6. 2008
Sixth Circuit Holds That Non-Signatories Have No Right to Interlocutory Appeal of Order Denying Arbitration
Wednesday, April 23. 2008
Arkansas Federal Court Finds That FAA Preempts Mutuality Requirement
Thursday, April 17. 2008
Under Missouri Law, Wrongful Death Claims Now Arbitrable Under Decedent's Arbitration Agreement
Tuesday, April 8. 2008
Reference to Arbitration Rules Proves Parties' Intent to Submit Arbitrability Questions to Arbitrator
Thursday, April 3. 2008
Arbitrator Exceeded His Powers by Disregarding Parties' Instructions to Apply Wisconsin Law
Tuesday, April 1. 2008
Supreme Court Holds That FAA Grounds for Vacatur Are Exclusive
Wednesday, March 26. 2008
Federal Arbitration Act Preempts Oklahoma Law Disallowing Arbitration Agreements in Nursing Home Contracts
Thursday, March 13. 2008
Seventh Circuit Upholds Arbitrator's Award of Equitable Relief
Thursday, March 6. 2008
Supreme Court Grants Cert to Answer Lingering Question on Permissible Scope of Union-Negotiated Arbitration Agreements
Tuesday, March 4. 2008
Termination of Employee for Refusing to Execute an Arbitration Agreement Covering Pending Claims Held "Retaliatory" by Eleventh Circuit
Monday, February 25. 2008
Supreme Court Holds That "Judge Alex" Must Arbitrate Dispute with Alleged Talent Agent
Thursday, February 21. 2008
North Carolina Supreme Court Finds Arbitration Cost-Prohibitive Where Agreement Required Losing Party to Pay for Arbitral Appeal
Thursday, February 14. 2008
Arbitration Agreements "Part of the Bargain" If Conspicuous or Brought to Attention Elsewhere in the Contract
Monday, February 11. 2008
Under Mississippi Law, Health Care Surrogates Have Statutory Authority to Agree to Arbitration
Tuesday, February 5. 2008
Law Firm Did Not Waive Right to Arbitrate by Filing Collection Lawsuit
Friday, February 1. 2008
Ninth Circuit Finds Class Waiver Unenforceable Under Washington Law
Wednesday, January 30. 2008
Pennsylvania Supreme Court Finds No Federal Preemption of State's Thirty Day Limit on Challenging Arbitration Awards
Monday, January 28. 2008
Party Waived Challenge to Validity of Arbitration Agreement by Not Appearing in Court or Arbitration
Wednesday, January 23. 2008
Agreement to Arbitrate Must Be Mandatory To Be "Health Care Decision" Under Mississippi Statute
Monday, January 21. 2008
Arbitration Rules Preserve Arbitration Agreement by Allowing Claimant to Avoid Unaffordable Costs
Friday, January 4. 2008
Arbitrators' Lack of Information Does Not Constitute "Mistake" That Would Warrant Award Modification
Thursday, December 20. 2007
Awareness of Underlying Contract Along with Access to Its Terms Sufficient to Prove Existence of Arbitration Agreement
Thursday, December 13. 2007
Notice Deficiencies Render Class Waiver Unenforceable Under Massachusetts Law
Monday, December 10. 2007
Prohibition on Written Opinions Renders Employee's Arbitration Agreement Unenforceable
Thursday, December 6. 2007
Party Fails to Preserve Issue of Arbitrability by Not Objecting to Arbitration Proceeding
Thursday, November 29. 2007
Federal Court Grants Comity to Tribal Court's Vacatur of Arbitration Award
Tuesday, November 27. 2007
Three-Month Deadline for Challenging Award Started to Run When Award Was Placed in the Mail
Tuesday, November 20. 2007
Power of Attorney for Health Care Decisions Authorized Attorney-in-Fact to Enter Arbitration Agreement
Thursday, November 15. 2007
Upholding Class Waiver Under Texas Law Did Not Violate Public Policy of Washington
Friday, November 9. 2007
Award Confirmation Does Not Require Signed Agreement
Wednesday, October 17. 2007
Ninth Circuit Finds Class Waiver Unenforceable Under California Law
Wednesday, October 3. 2007
Dispute Arising from "Deep Throat" Revelation Must Be Arbitrated
Thursday, September 27. 2007
Nonsignatory Fails in Attempt to Compel Arbitration of Dispute Arising from Separate Agreement
Friday, August 31. 2007
Inventorship Disputes Can Be Resolved Through Arbitration
Wednesday, August 29. 2007
Good Faith Appeal from Order Denying Arbitration Precludes Further Discovery
Thursday, August 9. 2007
Party Waived Right to Arbitrate By Misleading Court on Terms of Proposed Settlement
Wednesday, August 8. 2007
New Mexico Court Honors Texas Choice-of-Law Provision in Upholding Arbitration Agreement
Tuesday, August 7. 2007
Arbitrator Must Decide Whether Party Complied with Conditions Precedent to Arbitration
Thursday, August 2. 2007
Oregon Court Relies on AAA's Class Arbitration Policy in Holding That Arbitration Agreement Permits Class-Wide Proceedings
Tuesday, July 31. 2007
Second Circuit Finds "Evident Partiality" Where Arbitrator Attempted to Preserve Neutrality by Not Investigating a Potential Conflict
Thursday, July 26. 2007
Proper Mailing of Arbitration Agreement Creates Presumption of Receipt
Tuesday, July 10. 2007
Federal Court Honors Choice-of-Law Provision and Upholds Class Action Waiver Under Texas Law
Monday, July 9. 2007
Arbitrator Exceeded His Powers by Disregarding Contractual Mandate to Award Attorney Fees to the Prevailing Party
Thursday, June 28. 2007
Doctrine of "Complete Preemption" Creates Federal Jurisdiction over Petition to Compel Arbitration
Tuesday, June 26. 2007
Arbitrator, Not Court, Must Decide Whether Arbitration Proceedings Should Be Consolidated
Monday, June 25. 2007
New Jersey Arbitration Act Expressly Permits Parties to Contract for Heightened Judicial Review
Friday, June 22. 2007
Operator of Virtual World "Second Life" Must Resolve Real World Dispute in Court
Wednesday, June 20. 2007
California Law Does Not Allow Parties to Challenge Arbitration Awards Beyond the Statutory Deadline
Monday, June 18. 2007
Colorado Supreme Court Rejects "Intertwining Doctrine" As Basis for Denying Arbitration
Friday, June 15. 2007
New Jersey Federal Court Applies Utah Law in Upholding Bar on Class-Wide Proceedings
Tuesday, June 12. 2007
Disclosure of Early Neutral Evaluation Violated Court's ADR Rules
Friday, June 8. 2007
Fifth Circuit Upholds Arbitration Agreement in Employment Dispute
Thursday, June 7. 2007
Alabama Supreme Court Finds "Clear and Unmistakable" Evidence of Intent to Arbitrate Questions of Arbitrability
Wednesday, June 6. 2007
Arbitrators Exceeded Their Authority by Ignoring Clear Language of Contract
Friday, June 1. 2007
Class Action Waiver Upheld Under D.C. Law
Wednesday, May 30. 2007
Ninth Circuit Implicitly Adopts Rebuttable Presumption of Procedural Unconscionability, but Only for Employee Contracts
Friday, May 18. 2007
Ohio Supreme Court Preserves Arbitration Agreement by Severing Provision for Heightened Review
Wednesday, May 16. 2007
Presumption in Favor of Arbitration Does Not Extend to Jury Trial Waivers
Friday, May 11. 2007
Court Can Delve into Merits of Arbitrable Dispute When Party Seeking Arbitration Requests Ruling on the Merits
Thursday, May 3. 2007
Eleventh Circuit: Federal Courts Have Jurisdiction Over a Petition to Compel Arbitration If Underlying Dispute Presents Federal Question
Wednesday, May 2. 2007
Court Refuses to Enforce Arbitration Agreement Because AHLA Arbitration Rules Elevated the Claimant's Evidentiary Burden
Tuesday, May 1. 2007
Claim of Duress Raised a Question for the Arbitrator, Not the Court, Because Alleged Duress Related to the Contract As a Whole
Friday, April 27. 2007
Connecticut Supreme Court Upholds AAA Arbitration Award Despite Vacancy on Arbitration Panel
Thursday, April 26. 2007
Federal Court Follows Majority Rule and Stays Further Proceedings Pending Appeal from Order Denying Arbitration
Thursday, April 19. 2007
Lack of Mutuality Does Not Necessarily Invalidate an Arbitration Agreement Under Oregon Law
Monday, April 16. 2007
Federal Court Upholds Class Action Waiver Under Arkansas Law
Wednesday, April 11. 2007
Lack of Mutuality and Limitation on Damages Render Arbitration Agreement Unenforceable Under South Carolina Law
Tuesday, April 10. 2007
California Court Honors Delaware Choice-of-Law Provision in Upholding Agreement to Arbitrate
Monday, April 9. 2007
Fourth Circuit: Validity of Class Action Waiver Is a Procedural Question for the Arbitrator, Not a Gateway Issue for the Court
Friday, April 6. 2007
Arbitration Agreement Governs Underlying Contract Rejected by Bankruptcy Debtor
Thursday, April 5. 2007
Kentucky Savings Statute Tolls Deadline for Challenging Arbitration Award
Friday, March 30. 2007
Frivolous Challenge to Arbitration Award Triggers Sanctions
Tuesday, March 27. 2007
Maryland Court "Stands Firm in the Majority" of Courts Upholding Class Action Waivers
Monday, March 26. 2007
Court Rejects Unconscionability Challenge to Arbitrator's Determination That Class-Wide Proceedings Were Unavailable
Friday, March 23. 2007
California Court Finds That Husband Did Not Have Statutory Authority to Enter Arbitration Agreement on Wife's Behalf
Thursday, March 22. 2007
Second Circuit Precedent Allows Courts to Grant Provisional Remedies When International Arbitration Is Pending
Wednesday, March 21. 2007
Court Finds That Arbitration Can Advance Policy Embodied by Antihazing Statute
Tuesday, March 20. 2007
Employee Cannot Intervene in EEOC Enforcement Lawsuit If Discrimination Claims Are Subject to Arbitration
Friday, March 16. 2007
ADR Provision Remains in Force After Termination of Underlying Contract
Thursday, March 15. 2007
Florida Law Does Not Allow Interlocutory Appeal from Order Vacating Arbitration Award
Wednesday, March 14. 2007
NASD Arbitration Rules Do Not Allow Class Action Waivers
Tuesday, March 13. 2007
Florida Courts Remain Split on Who Decides Enforceability of Liability Limitations: Judge or Arbitrator?
Friday, March 9. 2007
Broad Arbitration Clause Empowers Arbitrator to Decide All Disputes, Including Enforceability of Exculpatory Clause
Thursday, March 8. 2007
Arbitrator Decides Challenge to Underlying Contract Whenever FAA Governs Arbitration Clause
Wednesday, March 7. 2007
Arbitrator Exceeded Powers by Awarding Treble Damages When Claimant Only Sought Actual Damages
Monday, March 5. 2007
Core Bankruptcy Proceeding Disputes Are Arbitrable
Tuesday, February 27. 2007
Arbitrator's Award Was Sufficiently Detailed to Satisfy the Parties' Agreement That the Arbitrator Must Issue a "Reasoned" Award
Friday, February 23. 2007
California Federal Court Honors Choice-of-Law Provision and Upholds Class Action Waiver
Thursday, February 22. 2007
Non-Signatory to Arbitration Agreement Must Object to Jurisdiction Before Award Is Issued
Thursday, February 22. 2007
Arbitrators Exceeded Their Powers by Awarding Fees in Contravention of the Parties' Agreement
Wednesday, February 21. 2007
Nonsignatories Under the Doctrine of Equitable Estoppel Enjoy FAA Right of Appeal
Tuesday, February 20. 2007
Federal Court Treats "Infancy Doctrine" As a Question for the Court to Determine Existence of Arbitration Agreement
Monday, February 19. 2007
Eighth Circuit Upholds Arbitration Award over Public Policy Challenge
Friday, February 16. 2007
Arbitration Agreement Continues in Effect After Expiration of Underlying Contract
Thursday, February 15. 2007
Fifth Circuit Holds That Arbitration Clause in Settlement Agreement Between Seaman and Employer Is Covered by FAA
Thursday, February 15. 2007
Court Rejects Unconscionability Challenge to Nursing Home Arbitration
Thursday, February 15. 2007
Missouri Court: Motions to Compel Arbitration Will Not Be Granted Unless Served on Opposing Party Within a Reasonable Time
Thursday, February 15. 2007
Challenge to Arbitration Award Must Be Timely
Thursday, February 15. 2007
Court Orders Arbitration of Derivative Action Pursuant to Shareholders' Arbitration Agreement
Monday, February 12. 2007
Federal Court in Colorado Upholds Bar on Class-Wide Proceedings
Friday, February 9. 2007
Mississippi Supreme Court Upholds Agreement to Arbitrate Questions of Arbitrability
Thursday, February 8. 2007
Party Can Seek an Order Compelling Arbitration When Opposing Party Refuses to Arbitrate in Designated Locale
Tuesday, February 6. 2007
Arbitrator Must Decide Whether a Party Has Waived Right to Arbitrate, Unless Alleged Waiver Is Based on Litigation Conduct
Monday, February 5. 2007
Seventh Circuit: FAA Does Not Require Court to Stay Entire Case When Only Some Issues Are Subject to Arbitration
Friday, February 2. 2007
Texas Federal Court Overturns Arbitral Award Based on Parties' Agreement for a Heightened Standard of Review
Thursday, February 1. 2007
Limited Right of Modification Makes Arbitration Agreement Fair and Enforceable
Wednesday, January 31. 2007
Challenge to Validity of the Contract As a Whole Must Go to the Arbitrator
Tuesday, January 30. 2007
Receipt of Medicaid Payments Triggers Application of Federal Arbitration Act to Employment Dispute
Monday, January 29. 2007
Sixth Circuit Concludes Arbitrators Did Not Exceed Powers and Upholds Summary Arbitration Award
Friday, January 26. 2007
Fifth Circuit Upholds Finality of Arbitration by Rejecting Nondisclosure of Trivial Relationships As a Basis for Vacatur
Thursday, January 25. 2007
Individual Members of Group Health Plan Are Entitled to Arbitration Disclosures Required by California Law
Wednesday, January 24. 2007
California Courts Are Split on Whether Opt-Out Provision with Delayed Consequences Ensures Enforceability of Class Action Waiver
Friday, January 19. 2007
California Law Governing Attorney-Client Fee Disputes Preempts Binding Arbitration Under State Law, but May Not Under FAA
Thursday, January 18. 2007
Under Texas Law, Unconscionability Challenge to Arbitration Agreement Requires Proof of Procedural and Substantive Unconscionability
Wednesday, January 17. 2007
California Courts Lack Authority to Order Mediation in Some Cases
Monday, January 15. 2007
Workers' Compensation Claim Falls Within Employee's Arbitration Agreement
Friday, January 12. 2007
Oklahoma Supreme Court Diverges from Majority Rule in Holding That the FAA Did Not Apply to a Nursing Home's Arbitration Agreement
Thursday, January 11. 2007
Court Cannot Proceed to Trial While Question of Arbitrability Is Under Appeal
Wednesday, January 10. 2007
Texas Supreme Court Allows Nonsignatories to Claim Benefits of Arbitration
Tuesday, January 9. 2007
Arbitrator Can Exceed Powers by Committing an Error of Law
Friday, January 5. 2007
Under California Law, Direct Expression of Binding Intent Is Necessary to Exempt Settlement Agreement from Mediation Confidentiality
Thursday, January 4. 2007
Mediated Settlement Terms Gave Party Enforceable Seven-Day Right of Revocation
Wednesday, January 3. 2007
Fifth Circuit Reaffirms Pro-Arbitration Federal Policy and Upholds "Expansive" Arbitration Agreement
Thursday, December 21. 2006
Georgia Supreme Court Holds That Prior Arbitration Award Has Res Judicata Effect
Wednesday, December 20. 2006
Arbitration Moves Forward Even Though Claimant Invoked Right Against Self-Incrimination
Tuesday, December 19. 2006
Inclusion of Person's Name on Contract Did Not Alone Prove Assent to Arbitration Agreement
Monday, December 18. 2006
Ninth Circuit Splinters on Proper Application of Buckeye
Friday, December 15. 2006
Louisiana Court Rejects Manifest Disregard of the Law as a Basis for Challenging Arbitration Awards
Thursday, December 14. 2006
Court Enforces Arbitration Agreement Absent Specific Evidence That Arbitration Costs Are Excessive and Deter Individual Claims
Wednesday, December 13. 2006
Frivolous Challenge to Arbitration Award Triggers Sanctions
Monday, December 11. 2006
No Amore for Italian Film Distributor Who Waived the Protections of a California Statute Governing International Arbitration
Thursday, December 7. 2006
Despite Conflicting Procedures, Separate Arbitration Provisions Still Show Intent to Arbitrate
Wednesday, December 6. 2006
Federal Court Upholds Credit Card Arbitration Agreement Formed by Change of Terms and Subsequent Use
Tuesday, December 5. 2006
Courts Will Not Consider Allegations of Arbitrator Bias Until Award Is Issued
Friday, December 1. 2006
Court Upholds Arbitration Award Finding Employer Liable for Discrimination
Thursday, November 30. 2006
Confidentiality Protections Apply to Hybrid Procedure Consisting of Arbitration and Mediation
Tuesday, November 28. 2006
California Federal Court Stays Litigation While Ninth Circuit Decides Issue of Arbitral Class Waiver
Monday, November 27. 2006
Lack of Evidence Is Fatal to Motion to Vacate an Arbitration Award
Tuesday, November 21. 2006
Arbitrator Exceeds His Powers by Committing Legal Error
Monday, November 20. 2006
California Court Errs by Holding Hearing After, Not Before, Motion to Compel Arbitration
Thursday, November 16. 2006
Nonsignatory Must Arbitrate if Receiving Direct Benefits From the Underlying Contract
Wednesday, November 15. 2006
Indiana Court Refuses to Follow FTC's "Unreasonable" Position on Arbitration of Warranty Claims
Tuesday, November 14. 2006
FAA Preempts Nebraska Law Requiring Conspicuous Notice of Arbitration Clause
Monday, November 13. 2006
Court Upholds Arbitration Agreement Formed by "Clicking" Acceptance
Wednesday, November 8. 2006
California Federal Court Upholds Arbitration Agreement Containing Class Action Waiver
Tuesday, November 7. 2006
Broad Arbitration Clause Covering Future Timber Disputes Remains in Force Years After Harvest
Wednesday, November 1. 2006
Individual Investor Recoups Losses at Arbitration
Monday, October 30. 2006
Florida Supreme Court Affirms Arbitrator's Authority to Decide Timeliness Defenses
Friday, October 27. 2006
Michigan Court Applies Rational Basis Test to Arbitrators' Award
Thursday, October 26. 2006
Arbitrators Have Full Authority to Grant Summary Judgment
Wednesday, October 25. 2006
Thoroughbred Arbitration Award Has Racehorse Owner Out of Joint
Tuesday, October 24. 2006
Arbitration Agreement Does Not Support Exercise of Personal Jurisdiction for a Lawsuit By a Nonsignatory
Monday, October 23. 2006
Arbitration Agreements in Loan Documents Need to Exhibit Mutual Obligations to Arbitrate Claims
Thursday, October 19. 2006
Employee Prevails in Attempt to Submit Employment Dispute to Arbitration
Wednesday, October 18. 2006
Court Strongly Endorses Use of Arbitration for Sarbanes-Oxley Employment Claims
Tuesday, October 17. 2006
Tenth Circuit Holds That Continued Employment Constitutes Assent to Arbitration Agreement
Monday, October 16. 2006
Illinois Supreme Court Supports Class Arbitration Waivers Where Consumers Can Opt Out or Have Affordable Arbitral Remedy
Friday, October 13. 2006
Claims Related to Embezzlement at Law Firm Arbitrable Even With Questionable Litigation Carve Out
Thursday, October 12. 2006
California's Mediation Confidentiality Rule Does Not Bar Evidence of Oral Settlement Agreement Reached at Mediation
Tuesday, October 10. 2006
Arbitration of Fee Dispute and Res Judicata Bar Subsequent Malpractice Lawsuit by E Street Ex
Monday, October 9. 2006
Confidentiality Agreement Protects Statement Made at Mediation
Tuesday, October 3. 2006
Arbitration Agreement Survives Buyer's Attempt to Undo the Sales Transaction and Covers Non-Signatory Collection Agency
Thursday, September 28. 2006
Arbitration Award Bars Subsequent RICO Action Under Doctrine of Res Judicata
Wednesday, September 27. 2006
First Circuit: There Is No Manifest Disregard Unless the Arbitrator Expressly Disregards the Applicable Substantive Law
Tuesday, September 26. 2006
Court May Modify Execution of Terms, but not Substance, of Foreign Arbitration Award
Monday, September 25. 2006
Arbitrator Exceeded Authority by Awarding More Than Amount Requested
Wednesday, September 20. 2006
Fifth Circuit Holds That Arbitration Clause in Insurance Policy Applies Only to Disputes Involving the Insurer, and Not Between Insureds
Thursday, September 21. 2006
Tennessee Court Follows "Vast Majority of State and Federal Courts" by Upholding Waiver of Class-Wide Proceedings
Friday, September 15. 2006
Federal Court Says National Arbitration Forum's Arbitral Procedures Ensure the Selection of a Neutral Arbitrator
Thursday, September 14. 2006
Arbitrators With Specific Authority Can Issue Supplemental Awards, Says NJ Court
Wednesday, September 13. 2006
Tenth Circuit: Federal Courts Have Authority to Order Arbitration Outside Their District
Tuesday, September 12. 2006
Party Does Not Waive Right to Arbitrate by Filing Lawsuit Unless There is Prejudice to the Opposing Party
Wednesday, September 6. 2006
In California, Parties Can Contract for Judicial Review of Arbitrator's Misapplication of the Law By Using "Magic Words"
Tuesday, September 5. 2006
Parties' Submissions Expand Arbitrator's Authority
Friday, September 1. 2006
Alabama Supreme Court Says Arbitration Rules Must Provide For Award of Punitive Damages
Thursday, August 31. 2006
Arbitration Provides Consumers a Full Range of Legal Remedies
Monday, August 28. 2006