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 | Nov 8, 2018 | Mediation, Newsletter
It is now well established that mediation is an extremely effective process for the resolution of a wide variety of business, personal, contract and other legal disputes. Party self-determination and control of decisions leads to more durable resolutions. Preparing...
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,...
