Outsourcing Justice
This is a blog about recent arbitration law developments by Prof. Imre Szalai

Victory for Employees: Federal Court Finds Arbitration Agreement is Unconscionable for Not Allowing Collective or Class Proceedings

In connection with a Fair Labor Standards Act (FLSA) collective action filed by an exotic dancer for unpaid wages, a federal district court recently found that an arbitration agreement between the dancer and defendant nightclub was unconscionable.  Herzfeld v. 1416…

Another Eleventh Circuit Decision in the Checking Account Overdraft Litigation  

This multi-district litigation, which involves bank customers suing for overcharges with overdraft fees, is spawning several interesting arbitration decisions. In the latest appellate decision, In Re: Checking Account Overdraft Litigation, No. 13-12082 (11th Cir. Feb. 10, 2015) (click here for…

Ninth Circuit Addresses Judicial Intervention in an Ongoing Arbitration and Evident Partiality of an Arbitrator

In re Sussex, No. 14-70158 (9th Cir. Jan. 27, 2015) (click here for a copy of the decision) involved a district court that disqualified an arbitrator in an ongoing arbitration proceeding involving hundreds of claims brought by purchasers of condominium…