Just in time for the Halloween season, the Oklahoma Supreme Court gives us a scary tale about buying a new car. In Sutton v. David Stanley Chevrolet, Inc., 2020 OK 87, ¶ 1 the Court finds that an arbitration clause
Continue Reading The Oklahoma Supreme Court Gets Spooked, Refuses to Enforce a Consumer Arbitration Agreement
Welcome back to ArbitrationNation after a pandemic and protests hiatus. I hope that you and your families are safe and that you’re confronting and coping with the injustices of our world.
I’m glad to have a good reason to write
Continue Reading Cert Granted in a New(ish) Arbitration case —Henry Schein Part II
I have to confess something: I just returned from sunny California where I attended an excellent arbitrator training course put on by the American Arbitration Association and run by Dana Welch and Michael Powell! If you have an opportunity to
Continue Reading Arbitration 101: Arbitrator Disclosures (and Repeat Players)
Welcome to 2020!
I hope that you all had a safe and rejuvenating holiday season. A new decade brings us plenty of new opportunities for thrilling arbitration news and developments!
But, up first, more on class arbitrability. I know. I
Continue Reading More on Class Arbitrability, Even Though It’s So Last Decade
Seems like I’m picking on the gig economy these days. I really don’t mean to be. But a former research assistant of mine brought an important, hot-off-the-presses decision to my attention, O’Hanlon v. Uber Techs., Inc., No. 2:19-cv-00675, 2019
Continue Reading Arbitration 101: Uber and (a Failed) Equitable Estoppel Argument
Happy December! I hope that everyone has had a restful and well-earned holiday weekend break.
There’s a lot of new and exciting stuff happening in the world of arbitration, and I have some catching up to do. I want to
Continue Reading DoorDash TROs Signal a New Frontier in Mass Individual Arbitrations
I don’t mean to be imprecise, but I think that the Eleventh Circuit may have recently issued the most luddite opinion I’ve seen in a good long while. See Managed Care Advisory Group, LLC v. CIGNA Healthcare, Inc.,
Continue Reading Non-Parties Must be Physically in the Same Room as Arbitrators
For the next installment of the Bookworm, I’m recommending a very recent article by Professor Jean Sternlight: Mandatory Arbitration Stymies Progress Towards Justice in Employment Law: Where To, #MeToo?.
For anyone who isn’t already familiar with her work, Professor
Continue Reading ArbitrationNation Bookworm: Professor Jean Sternlight on Mandatory Arbitration
Four weeks ago, the boundary between public enforcement and private dispute resolution became more blurred. On September 4, the Justice Department announced that it had agreed to binding arbitration on the key issue in a current merger case—the market definition.
The enforcement
Continue Reading DOJ Turns to Arbitration in an Antitrust Case
The Third Circuit welcomed us to the fall arbitration season with an important decision for the gig economy, Singh v. Uber Techs. Inc., 2019 WL 4282185 (3d Cir. Sept. 11, 2019). Relying on the key logic of SCOTUS’s January
Continue Reading New Prime’s Early Legacy: Uber Drivers May be Able to Avoid Arbitration
