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Court Decisions about Arbitration
Class Action Waivers in Arbitration Agreements: The Twenty-First Century Arbitration Battleground and Implications for the EU Countries
By Beth Graham - November 27, 2023
Linda S. Mullenix, Morris & Rita Atlas Chair in Advocacy at the University of Texas School of Law, has written “Class Action Waivers in Arbitration Agreements: The Twenty-First Century Arbitration Battleground and Implications for the EU Countries,” Forthcoming, 38 Emory Int'l L. Rev. (Spring 2024).
SCOTUS to Resolve Circuit Split Over Transportation Worker Exemption in the FAA
By Beth Graham - October 2, 2023
Today marks the start of the United States Supreme Court’s new term. During the term, the nation’s highest court will resolve a circuit court split regarding whether Section 1 of the Federal Arbitration Act’s exemption for “any other class of workers engaged in foreign or interstate commerce,” applies to transportation workers who perform work for companies that operate outside of the transportation industry.
Eleventh Circuit Affirms Order Vacating Arbitration Award Due to Fraud During Remote Proceedings
By Beth Graham - July 10, 2023
The United States Court of Appeals for the Eleventh Circuit has affirmed an order vacating an arbitration award after equitably tolling the statutory deadline to challenge it enumerated in 9 U.S.C. § 12 due to fraud.
Ancestry.com Seeks Order Compelling Minors to Arbitrate Illinois Genetic Information Privacy Act Claims
By Beth Graham - June 26, 2023
Ancestry.com DNA LLC (“Ancestry”) has reportedly asked the United States Court of Appeals for the Seventh Circuit to order a putative class action lawsuit that was filed on behalf of a group of minors who Alleged the company violated the Illinois Genetic Information Privacy Act (“GIPA”) to arbitration.
SCOTUS Resolves Circuit Split in Arbitration Dispute Involving Crypto Platform
By Beth Graham - June 24, 2023
Yesterday, the Supreme Court of the United States held a district court must stay its proceedings pending resolution of an interlocutory appeal related to the question of arbitrability of a dispute that was filed pursuant to 9 U. S. C. §16(a).
SCOTUS to Consider Whether Arbitration Waiver Defense Prejudice Requirement Violates AT&T Mobility v. Concepcion Holding
By Beth Graham - December 13, 2021
The Supreme Court of the United States has agreed to consider whether asking a party to an arbitration agreement to demonstrate prejudice when claiming a waiver defense violates the requirement established 10 years ago in AT&T v. Concepcion, which stated courts must “place arbitration agreements on an equal footing with other contracts."
SCOTUS Will Not Review DoorDash Arbitration Claim in Case Brought By Driver
By Beth Graham - October 25, 2021
The Supreme Court of the United States has declined to consider whether to send a putative class action employment lawsuit that was filed against food and delivery app DoorDash to arbitration.
Standing On Its Own Shoulders: The Supreme Court’s Statutory Interpretation of the Federal Arbitration Act
By Beth Graham - May 24, 2021
Kristen Blankley, Professor of Law at the University of Nebraska College of Law, has written a terrific article titled, “Standing On Its Own Shoulders: The Supreme Court’s Statutory Interpretation of the Federal Arbitration Act,” Akron Law Review, Forthcoming.
SCOTUS to Consider FAA Subject-Matter Jurisdiction Case
By Beth Graham - May 20, 2021
The Supreme Court of the United States has agreed to resolve a circuit split regarding whether a federal court has subject-matter jurisdiction to confirm or vacate an arbitration award under the Federal Arbitration Act (“FAA”) in situations where the court only has jurisdiction because the underlying dispute involves a federal question.
SCOTUS Rejects Amazon’s Petition in “Last Mile” Delivery Driver Arbitration Dispute
By Beth Graham - February 23, 2021
The Supreme Court of the United States has declined to consider whether “final mile” delivery drivers are transportation workers engaged in interstate commerce and exempt from the Federal Arbitration Act (“FAA”).
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