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arbitration clauses

2,403 published works

  1. Labor and Employment Law Insights

    NFL’s Arbitration Agreement Fumbles, Allowing Coach to Pursue Discrimination Claims in Court: Employment Law Lessons for Employers

    By Jenna Brofsky, Michaeli Hennessy

    The National Football League (NFL) is in the spotlight this season, not because of any certain game on the field, but for a legal battle off it. Last week, the…

  2. Labor and Employment Law Insights

    California Supreme Court Tackles Federal Preemption Issues in Employment and Consumer Arbitrations

    By Allison Scott, Hilda Akopyan, Andrew Katon [Former Attorney]

    On August 11, 2025, the California Supreme Court issued a decision in the matter of Dana Hohenshelt v. The Superior Court of Los Angeles, ruling that the Federal Arbitration Act…

  3. ContractsProf Blog

    District Court Denies Education Technology Company’s Motion to Compel Arbitration

    By Jeremy Telman

    This decision was handed down last November, but it is up on appeal, and friend of the blog Brett Frishmann (left) is filing an amicus brief, so this is one…

  4. Florida Construction Legal Updates

    QUICK NOTE: DON’T SUE YOUR ARBITRATOR

    By David Adelstein

    As you know from prior posts, arbitration is a creature of contract. This means if you want arbitration to resolve your disputes, then include a binding arbitration provision in your…

  5. Your ERISA Watch

    Ninth Circuit Joins Sister Courts in Applying Effective Vindication Doctrine to Invalidate Arbitration Provision

    By Peter Sessions

    Platt v. Sodexo, S.A., No. 23-55737, __ F.4th __, 2025 WL 2203415 (9th Cir. Aug. 4, 2025); Avecilla v. Live Nation Entertainment, Inc., No. 23-55725, __ F. App’x __, 2025…

  6. ContractsProf Blog

    Fourth Circuit Finds that Users Agreed to Arbitration by Registering for Video Site

    By Jeremy Telman

    California residents Rohan Dhruva and Joshua Stern created accounts with CuriosityStream.com in 2020 and 2021 and began paying for a subscription to watch videos on the website. When they learned…

  7. Roberts Disability Law Blog

    Ninth Circuit Revives ERISA Plaintiffs’ Unconscionability Challenge to Plan Arbitration Clause

    By Michelle Roberts

    In a memorandum disposition issued alongside its published opinion in Platt v. Sodexo, S.A., No. 23-55737, —F.4th—, 2025 WL 2203415 (9th Cir. Aug. 4, 2025), the Ninth Circuit reversed in…

  8. The CLS Blue Sky Blog

    Cleary Gottlieb Discusses State and Federal Court Decisions on Consumer Arbitration

    By Jeffrey Rosenthal, Ari MacKinnon, Nowell Bamberger, Jennifer Kennedy Park, Katie Gonzalez

    Three recent court decisions relating to motions to compel arbitration provide insights as to how courts consider issues that commonly arise in the context of consumer arbitration. On June 30,…

  9. Inside Class Actions

    Sixth Circuit Enforces Arbitration Agreement After Lower Court Sua Sponte Found Waiver

    By Sam Greeley

    The Sixth Circuit recently reversed a denial of a motion to compel arbitration in an MDL, where the district court had raised the issue of waiver of arbitration rights on…

  10. New Media and Technology Law Blog

    Why a Transaction’s Context Matters: Website Terms Found Unenforceable Despite Proximate Placement to “Place Order” Button

    By Katherine Charlick, Jonathan Mollod

    In Cody v. Jill Acquisition LLC, No. 25-937 (S.D. Cal. June 30, 2025), the Southern District of California declined to enforce a retail site’s terms of use and compel arbitration,…