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U.S. Supreme Court
SCOTUS Holds Delegation Clause Must be Enforced Even if Trial Court Deems Arbitration Claim “Wholly Groundless”
By Beth Graham - January 8, 2019
Today, the United States Supreme Court delivered a unanimous opinion in Henry Schein, Inc. v. Archer and White Sales, Inc., No. 17-1272 (January 8, 2019).
Seventh Circuit Sides With Sister Courts in Holding Availability of Class Arbitration is a Question of Arbitrability for the Courts to Decide
By Beth Graham - November 21, 2018
The United States Court of Appeals for the Seventh Circuit has issued an opinion stating the availability of class arbitration is a threshold question for the courts, not an arbitrator, to decide.
The Arbitration-Litigation Paradox
By Beth Graham - October 15, 2018
Assistant Professor of Law Pamela Bookman, Temple University Beasley School of Law, has written “The Arbitration-Litigation Paradox,” Vanderbilt Law Review, Forthcoming; Temple University Legal Studies Research Paper No. 2018-29.
U.S. Supreme Court Considering Three Arbitration Cases in October Term
By Beth Graham - October 13, 2018
Last week, the United States Supreme Court heard oral argument in a case involving the arbitrability of independent contractor agreements for transportation workers.
Circuit Split Regarding Who Determines Class Arbitrability May Require SCOTUS Consideration
By Beth Graham - August 18, 2018
It appears the United States Supreme Court may find itself considering yet another arbitration issue in the near future.
SCOTUS Rules in Epic Systems: What It Means for Securities Arbitration
By Beth Graham - July 28, 2018
George Friedman, Adjunct Professor of Law at Fordham University School of Law, has published “SCOTUS Rules in Epic Systems: What It Means for Securities Arbitration,” Securities Arbitration Commentator, Vol. 2018, No. 3.
A Short Defense of Southland, Casarotto, and Other Long-Controversial Arbitration Decisions
By Beth Graham - July 23, 2018
University of Kansas School of Law Professor Stephen J. Ware has published “A Short Defense of Southland, Casarotto, and Other Long-Controversial Arbitration Decisions,” Loyola Consumer Law Review, Vol. 30, No. 3, 2018.
Reconciling Fault Lines in Arbitration and Redefining Arbitration Through the Broader Lens of Procedure
By Beth Graham - July 10, 2018
Imre S. Szalai, Judge John D. Wessel Distinguished Professor of Social Justice at Loyola University New Orleans College of Law, has authored “Reconciling Fault Lines in Arbitration and Redefining Arbitration Through the Broader Lens of Procedure,” 18 Nev. L.J. 511 (2018); Loyola University New Orleans College of Law Research Paper No. 2018-07.
SCOTUS to Consider Delegation of “Wholly Groundless” Arbitrability Claims
By Beth Graham - June 28, 2018
The Supreme Court of the United States has granted certiorari in another arbitration case.
U.S. Supreme Court Sides With Employers Over Class Arbitration Waivers
By Beth Graham - May 21, 2018
The United States Supreme Court has finally decided whether a collective action ban included in an employer’s arbitration agreement is lawful under the National Labor Relations Act.
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