Topic
arbitration clauses
2,405 published works
ContractsProf Blog
It’s a Waiver and a Breach
Over on the always-interesting LawMemo Blog, Russ Runkel notes yesterday's Ninth Circuit decision in Brown v. Dillard's, Inc., No. 03-56719 (9th Cir. Dec. 6, 2005). In the case, the Dillard's…
Delaware Corporate & Commercial Litigation Blog
Arbitration Clauses and Court Review
I recently wrote a short article in the Delaware Law Weekly , download pdf file, that primarily summarized a recent Chancery Court decision which reiterated the high threshold that must…
Delaware Business Litigation Report
Court Enforces Provision in Merger Agreement Permitting Arbitration of Disputed Representation-and-Warranty and Working-Capital Claims
Mehiel v. Solo Cup Co., C.A. No. 1596-N, 2005 WL 3074723 (Del. Ch. Nov. 3, 2005). Following the closing on a merger, several disputes developed between the shareholder representative of…
ContractsProf Blog
Cell Phone Arbitration Clause Unconscionable
An arbitration clause in a cell phone agreement is unconscionable where it prohibits class actions for very small individual claims, according to the California Court of Appeals in an unpublished…
ContractsProf Blog
PING: CA1: Campbell v. General Dynamics discussed URL: http://appellate.typepad.com/appellate/2005/08/ca1_campbell_v_.htmlIP: 66.151.149.17BLOG NAME: Appellate Law DATE: 08/29/2005 06:57:15 PMIn the ContractsProf blog. See our coverage here. See the opinion here. (This is the case which holds that an emailed notice of a change in a contract was not good enough.)
The First Circuit's recent opinion in Campbell v. General Dynamics Government Systems Corp. illustrates the perils of attempting to use e-mail to amend an existing contract. Arising in the employment…
ContractsProf Blog
Cases: Narrow arbitration clause doesn’t bar lawsuit
A party who terminates a contract and is sued by the other party may not be able to rely on an arbitration clause in the agreement, according to a recent…
ContractsProf Blog
Deadline for ABA is today
Today (Friday) is the deadline for advance registration for the American Bar Association Annual Meeting in Chicago, August 4-9. The lead speakers (Justice Stevens, Justice Ginsburg, Attorney General Gonzalez, and…
ContractsProf Blog
Cases: Arbitration not unconscionable
An arbitration clause in a gym contract is not unconscionable even where it strictly limits damages and provides that the proceedings shall be confidential, according to the Ohio Court of…
Labor & Employment Law Blog
Arbitration Agreements
Q. Are Mandatory Employment Arbitration Agreements A Good Idea? A. That depends. Arbitration agreements are an excellent risk-reduction vehicle for some employers but not a good fi t for others.…
Labor & Employment Law Blog
HAVE YOU REVIEWED YOUR ARBITRATION AGREEMENTS LATELY?
A RECENT COURT OF APPEAL DECISION HIGHLIGHTS THE POTENTIAL BENEFITS OF ARBITRATION It is no secret that litigation can be time-consuming and expensive. In an effort to contain potential litigation…