Menu
Court Decisions about Arbitration
SCOTUS Dismisses Henry Schein, Denies Certiorari in Another Question of Arbitrability Case
By Beth Graham - January 26, 2021
Yesterday, the United States Supreme Court dismissed the latest petition in Henry Schein, Inc. v. Archer and White Sales, Inc., No. 19-963, as improvidently granted.
SCOTUS Asked to Resolve Circuit Split Over U.S. Discovery in Foreign Private Commercial Arbitrations
By Beth Graham - December 23, 2020
The United States Supreme Court has reportedly been asked to resolve a circuit split over whether parties to a foreign commercial arbitration proceeding may see discovery in the United States under 28 U.S.C. § 1782(a).
Fifth Circuit Holds Federal Whistleblower Statute Does Not Exempt Former Employee’s Claims from Arbitration
By Beth Graham - November 20, 2020
Last month, the United States Court of Appeals for the Fifth Circuit held a federal whistleblower statute did not render an arbitration agreement between a man and his former employer unenforceable.
SCOTX to Hear Reinstated Petition in Oil & Gas Arbitration Dispute
By Beth Graham - November 16, 2020
On Friday, the Supreme Court of Texas agreed to hear oral argument following reinstatement of a petition for review regarding whether a non-signatory assignee may be compelled to arbitration following an indemnity dispute.
Fifth Circuit Rules Plaintiff Waived Arbitration Right by Invoking the Judicial Process
By Beth Graham - November 9, 2020
The United States Court of Appeals for the Fifth Circuit has ruled a plaintiff waived his right to arbitration by substantially engaging in litigation.
First Circuit Holds Intrastate Final Mile Transportation Workers Are Exempt from the FAA
By Beth Graham - July 23, 2020
The United States Court of Appeals for the First Circuit has ruled final mile drivers who operate solely intrastate in order to deliver goods that were shipped via interstate commerce are exempt from the Federal Arbitration Act.
SCOTX Issues Sharply Divided Decision on Post-Verdict Arbitration
By Beth Graham - July 20, 2020
In a 6-3 opinion, a divided Supreme Court of Texas has affirmed an Amarillo appellate court’s order stating a dispute must be arbitrated despite that a trial was already completed and judgment was entered in the case.
Non-signatories Can Now Enforce International Commercial Arbitration Agreements on Equitable Estoppel Grounds
By Beth Graham - July 6, 2020
University of Alberta Faculty of Law Assistant Professor Tamar Meshel has published “GE Energy v. Outokumpu: Non-signatories Can Now Enforce International Commercial Arbitration Agreements on Equitable Estoppel Grounds,” Harvard Business Law Review Online, Forthcoming.
SCOTUS Will Yet Again Decide Delegation of Arbitrability Question in Henry Schein Case
By Beth Graham - June 24, 2020
The Supreme Court of the United States has once again agreed to resolve a circuit split regarding whether it is up to a court or an arbitrator to decide questions related to arbitrability in the ongoing saga of Henry Schein, Inc. v. Archer and White Sales, Inc.
User Ordered to Arbitrate BIPA Claims Despite Shutterfly’s Unilateral Change to Terms of Use
By Beth Graham - May 28, 2020
The Northern District of Illinois has ordered a consumer’s Illinois Biometric Information Privacy Act (“BIPA”) lawsuit filed against online photography company Shutterfly to arbitration, despite that Shutterfly unilaterally amended its Terms of Use (“Terms”) after the consumer agreed to them.
Legal Research
Recent Posts
Search
Legal Research
© 2025, Karl Bayer. All rights reserved. Privacy Policy