Topic
Forced Arbitration
78 published works
Consumer Finance Monitor
SCOTUS: District court must stay, not dismiss, action when compelling arbitration
The U.S. Supreme Court has held unanimously in Smith v. Spizzirri that when a district court finds that a lawsuit involves an arbitrable dispute and a party has requested a…
California Employment Law Blog
Defining "Dispute": The Impact of the Ending Forced Arbitration Act on Harassment Claims
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, effective March 3, 2022, invalidates prior arbitration agreements for sexual assault or harassment disputes. In Kader v. Southern California…
ContractsProf Blog
Tamar Meshel on the Revisions to the FAA
We are delighted to welcome Tamar Meshel (right) back as a guest blogger!Dr. Tamar Meshel is an Associate Professor at the University of Alberta Faculty of Law. She researches, teaches,…
Employment Law Worldview
Recent Spate of Cases Clarifies Arbitrability of Sexual Harassment Claims (US)
We previously reported on the enactment of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”), a law that amended the Federal Arbitration Act (“FAA”)…
Ed White Law Blog
The Hidden Dangers of Forced Arbitration: A Closer Look
We live in an era where 'Terms and Conditions' pop up everywhere - from downloading a new app to starting a new job. However, in the sea of fine print,…
Consumer Finance Monitor
Arbitration “Fair Act” reintroduced in Congress
By Mark J. Levin, Alan S. Kaplinsky
Recently, 37 Senators (36 Democrats, one Independent) and 84 members of the House of Representatives (all Democrats), led by Senator Richard Blumenthal of Connecticut and Congressman Hank Johnson of Georgia,…
Class Action Defense Blog
Congress To Consider Proposed FAA Amendment To Preclude Forced Arbitration Of Race Discrimination Claims
By Eden Anderson and Rebecca Bjork Duane Morris Takeaways: The scope of claims that can permissibly be arbitrated under the Federal Arbitration Act (“FAA”) may narrow once again. Last year…
HR Law Watch
Southern District of New York Finds Employment Arbitration Agreement Unenforceable
By Brian D. Pedrow, Kyle I. Platt
On February 24, 2023 the United States District Court for the Southern District of New York held that a former employee’s arbitration agreement with his former employer was unenforceable under…
Ed White Law Blog
Hopper: The Most Hated Travel App on the Internet?
Travelers are drawn to Hopper’s claims of lower rates and flash sale price freezes, but when plans change, it becomes clear to consumers that this business was built on false…
Bench & Bar of Minnesota
Ending forced arbitration
By Minnesota State Bar Association
By Laura FarleyOver the past few decades, mandatory predispute arbitration agreements (also known as forced arbitration) have become widespread in the fine print of employment and consumer contracts. Forced arbitration…