Topic
arbitration clauses
2,403 published works
Hall Benefits Law Blog
Fifth Circuit Considers Arbitration Clause in ERISA Claim
By Anne Hall
A Fifth Circuit panel asked a former employee of International Bancshares Corp. to explain why an arbitration clause shouldn’t govern his Employee Retirement Income Security Act (ERISA) class action case.…
ContractsProf Blog
Pennsylvania: The Cutting Edge of Arbitration Law
Back in 2023, the Superior Court of Pennsylvania, sitting en banc, refused to enforce Uber’s terms of service, finding that Uber’s terms of service were not presented in a manner…
ContractsProf Blog
Waiver of Arbitration: A Complex Case
Lackie Drug Store (Lackie) brought a putative class action against several pharmacy benefit managers (PBMs), including OptumRx (Optum). Two years into the litigation, Lackie amended its complaint and Optum moved…
Technology & Marketing Law Blog
Ninth Circuit Allows TOS Amendment by Email–Ireland-Gordy v. Tile
By Eric Goldman
[This is a non-precedential opinion, and the court unhelpfully cuts many factual and doctrinal corners.] The plaintiffs claim that bad actors misused Tile’s tracking devices to stalk them. The plaintiffs…
Employment Law Lookout
No Signature, No Arbitration: Fifth Circuit Sends Strong Warning to Employers
By Gary D. Friedman, Esteban Shardonofsky, Linda C. Schoonmaker, and Julia M. Tape This blog has been updated to slightly modify content. In a decision that is likely to surprise…
Aristo Legal Blog
Before You Insert an Arbitration Clause: 3 Legal Situations Where It Fails in India
By Aristo Legal
Whenever I interview a legal candidate, I ask one simple question: “When would you advise a client not to include an arbitration clause?” Most struggle. They have been trained to…
Texas Business Court Watch
Arbitrability Ruling: Key Lessons from Texas Business Court’s BNSF v. Level 3 Decision
By C. Mark Stratton, Taylor N. Perona
The Honorable Andrea K. Bouressa, with the Texas Business Court Division 1, issued a decision addressing the scope of arbitrator authority and the enforceability of arbitration awards.
The Employer Handbook Blog
You updated your arbitration agreement. You rolled it out electronically. You included an opt-out. That should be enough – right?
Under basic contract law, yes. But thanks to the Ending Forced Arbitration Act, that may not be the end of the story. TL;DR: The New Jersey Appellate Division held…
Connecticut Employment Law Blog
New Podcast Episode: What Employers Need to Know About Arbitration Clauses
Arbitration clauses are everywhere in employment relationships these days. But are they right for your company? That's the question I tackle with my colleague Emily McDonough Souza in our latest…
TortsProf Blog
PA: Parents Cannot Bind a Minor Child to an Agreement to Arbitrate
Santiago v. Philly Trampoline Park, LLC, ___ Pa. ___, ___, 343 A.3d 995, 1015 (2025) (“[P]arents are without authority to bind a minor child to an agreement to arbitrate.”).