Clik here to view.
Supreme Court: If a Claim is Arbitrable, You Have to Arbitrate.
Parties resisting arbitration sometimes claim that compelling arbitration would result in “piecemeal” litigation because some claims are arbitrable and some are not. The U.S. Supreme Court, however,...
View ArticleClik here to view.
Third Circuit Hands Khan Loss in Arbitration Case, Maroons Him in Legal...
It’s no secret that The Wrath of Khan is, without question, the best of the Star Trek movies. It’s also no secret that, generally speaking, courts will bend over backwards to enforce arbitration...
View ArticleClik here to view.
SCOTUS (Yet Again) Affirms FAA Preemption
Maybe West Virginia didn’t get the memo. In Marmet Health Care Center, Inc. v. Brown, the U.S. Supreme Court, once again, held that state and federal courts must enforce the Federal Arbitration Act as...
View ArticleClik here to view.
Eleventh Circuit Draws a Thin Line Between Formation and Validity Challenges...
The first question a court has to resolve when considering a motion to compel arbitration is whether a valid contract containing an arbitration clause exists. That’s not always easy because parties...
View ArticleClik here to view.
SCOTUS: If Arbitration is Too Expensive, Just Buy Some More Money
We haven’t said much about arbitration lately because we’ve been waiting to see what the Supreme Court would do about class arbitration waivers in the American Express case. (See our earlier post on...
View Article
