by devadmin | Mar 8, 2019 | Arbitration, Newsletter
Commercial and Consumer Contracts. When a written agreement contains a clear, well-crafted, broad arbitration clause, parties will be bound to arbitrate. An excellent example is the recent case of Fox v. Transunion, 2018 U.S. Dist. LEXIS 183937 (S.D. Ohio Oct. 26,...
by devadmin | Jan 8, 2019 | Arbitration, Newsletter
In Henry Schein, Inc. v. Archer & White Sales, Inc., (January 8, 2019), a decision written by Justice Kavanaugh, the Supreme Court unanimously ruled that: Under the Federal Arbitration Act, “arbitration is a matter of contract, and courts must enforce arbitration...
by devadmin | Sep 8, 2018 | Arbitration, Newsletter
In Dent et. al v. NFL, No. 15-15143, Sept. 6, 2018, former football players brought a class action suit asserting negligence, breach of statutory obligations, negligent hiring and negligent misrepresentation claims against the NFL in connection with the leagues...
by devadmin | Jul 8, 2018 | Arbitration, Newsletter
In May, the United States Supreme Court in EPIC SYSTEMS CORP. v. LEWIS, (available at: https://www.supremecourt.gov/opinions/17pdf/16-285_q8l1.pdf.) upheld contractual provisions that prevented individuals from pursuing class arbitrations. The Court also ruled that:...
by devadmin | May 8, 2018 | Arbitration, Newsletter
1. California Appellate Court creates and adopts “interest of justice” grounds to override arbitration agreement In Weiler v. Marcus & Millichap Real Estate Investment Services, Inc. (April 30, 2018), in a case involving claims for breach of fiduciary duty,...
by devadmin | Mar 8, 2018 | Arbitration, Newsletter
Arbitration compelled in at will contract of employment. In Hampden Coal, LLC v. Varney, 2018 WL 944159 (W. Va. Feb. 16, 2018), an employee sued his employer and the employer moved to compel arbitration. The employee asserted that the employer gathered all employees...
