Stormy’s attorney just filed a motion for a trial under the FAA and for expedited discovery. (Here’s a copy of Stormy’s motion and a copy of Stormy’s legal brief). As for discovery, discovery regarding the making of an arbitration agreement is generally permitted within a court’s . . .
The Seventh Circuit recently addressed whether a child could be bound by her parent’s arbitration agreement. See A.D. v. Credit One Bank, No. 17-1486 (7th Cir. Mar. 22, 2018) (click here for a copy of the decision). In this case, a minor, through her mother, . . .
Please disregard this post if you are tired of the arbitration fight being waged between Trump and Stormy Daniels. But if you are interested, I have received several questions the past few days about the obligation to arbitrate if a crime is involved. In a . . .
It was just reported that Donald’s shell company removed Stormy’s state court lawsuit to federal court earlier on Friday, with Donald consenting to the notice of removal. The notice of removal (click here for a copy) indicates that the shell company plans to ask the . . .
This is a very, very long post, probably my longest. I’ve received many questions the last few days about the arbitration issues surrounding the Trump and Stormy Daniels affair. The purported hush agreement between Trump and Daniels contains an arbitration clause, and there is a . . .
Adult film actress Stephanie Clifford just sued Donald Trump to declare that their purported Hush Agreement is invalid, and one of the relevant hush documents contains an arbitration clause. News reports indicate that Trump’s attorney (consigliere or fixer, a la Mr. Wolf from Pulp Fiction, . . .
Challenging a harsh, one-sided arbitration clause became tougher after the Supreme Court’s 2010 decision in Rent-A-Center v. West, if the arbitration agreement contains a delegation clause. As a result of the Rent-A-Center decision, courts can punt issues about the enforceability of a harsh arbitration clause . . .
I wanted to highlight a recent case involving a distinctive arbitration clause. In Int’l Corrugated & Packing Supplies, Inc. v. Lear Corp., No. 15-CV-00405, 2018 WL 1041309 (Feb. 22, 2018), the corporate parties entered into an agreement for packaging materials with the following arbitration clause: . . .
“Sign this contract, which contains an arbitration clause, and pay up, or you’re going to jail!” Consumers in California faced this situation, which was addressed by the Ninth Circuit this week in a case called Breazeale v. Victim Services, Inc., No. 15-16549 (9th Cir. Dec. . . .
Relying on the fiduciary duty in the attorney-client relationship as well as the policies of Maine’s legal ethics code, Maine’s highest court found that attorneys have a duty to explain and make sure a client understands the difference between litigation and arbitration in order for . . .
The Ninth Circuit recently discussed a circuit split in the context of subpoena powers and discovery under the FAA in the case of CVS Health Corporation v. Vividus, LLC, No. 16-16187 (9th Cir. Dec. 21, 2017) (click here for a copy of the decision). Section . . .
In Roberts v. AT&T Mobility, No. 16-16915 (9th Cir. Dec. 11, 2017) (click here for a copy of the decision), the Ninth Circuit quickly dismissed a First Amendment challenge to a consumer arbitration by finding “[t]here is no state action here.” The plaintiffs filed a . . .
Earlier today, bipartisan members of the Senate and House introduced the “Ending Forced Arbitration of Sexual Harassment Act of 2017.” (click here for a copy of the House bill) A core part of the House bill states the following: “no predispute arbitration agreement shall be valid . . .
First Circuit Issues Flawed FAA Decision The First Circuit recently discussed whether a non-signatory is bound by an arbitration agreement. See Ouadani v. TF Final Mile LLC, No. 17-1583 (1st Cir. Nov. 21, 2017) (click here for a copy of the decision). The First Circuit . . .
The Eleventh Circuit recently issued an opinion dealing with vacatur of an arbitration award. Original Appalachian Artworks, Inc. v. Jakks Pacific, Inc., No. 17-11513 (11th Cir. Nov. 17, 2017) (click here for a copy of the decision). The case involved the owner of the Cabbage . . .
In Goodwin v. Branch Banking & Trust Co, No. 17-1412 (4th Cir. Oct. 31, 2017) (click here for a copy of the decision), the Fourth Circuit issued a brief opinion discussing an inappropriate tactic sometimes used in litigating the enforceability of an arbitration clause. Suppose . . .
I was interviewed today on the Marketplace Morning Report regarding my new arbitration study and the Supreme Court’s oral arguments in the D.R. Horton cases. Here’s a link (the episode is titled “Future of Gun Sales,” and my interview about arbitration appears on the 4 minute mark): . . .
In anticipation of the D.R. Horton cases to be argued next week, I am publishing a report about the use of arbitration clauses for workplace-related disputes. The key finding from my study, which is based solely on publicly-available data, shows that 80 of the Fortune . . .
A recent decision involving the Uber ride-sharing app demonstrates an important principle in arbitration law. A party may have a well-drafted arbitration agreement, and the terms of the agreement may be appropriate. However, if the agreement is not implemented properly, the agreement may not be . . .
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