Outsourcing Justice

Outsourcing Justice

A blog about arbitration law by Prof. Imre Szalai

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Articles by Imre Szalai

federal district court decisions

More on Stormy/Trump Arbitration Saga

March 28, 2018 Imre Szalai 0

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 . . .

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federal appellate court decisions

7th Circuit: Child Not Bound By Parent’s Arbitration Clause (and Indirectly, the Supreme Court is Supremely Wrong)

March 25, 2018 Imre Szalai 0

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, . . .

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federal district court decisions

More on Trump, Arbitration, Criminal Law & Watergate

March 19, 2018 Imre Szalai 0

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 . . .

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federal district court decisions

Trump/Daniels Arbitration Fight Moves to Federal Court

March 17, 2018 Imre Szalai 0

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 . . .

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Uncategorized

More on Trump, Stormy Daniels, and Arbitration

March 11, 2018 Imre Szalai 1

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 . . .

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state court decisions

Donald Trump’s Arbitration Conundrum

March 6, 2018 Imre Szalai 0

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, . . .

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federal appellate court decisions

Third Circuit Makes It Easier to Challenge Delegation Provisions

March 1, 2018 Imre Szalai 0

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 . . .

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federal district court decisions

Innovation Through Arbitration

March 1, 2018 Imre Szalai 0

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: . . .

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federal appellate court decisions

Ninth Circuit Limits the FAA in a Case with Potentially Far-Reaching Implications

December 28, 2017 Imre Szalai 0

“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. . . .

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state court decisions

Maine’s Highest Court Invalidates Arbitration Clause Using Fiduciary Defense

December 22, 2017 Imre Szalai 0

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 . . .

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federal appellate court decisions

Ninth Circuit Addresses Circuit Split Regarding Arbitral Discovery

December 22, 2017 Imre Szalai 0

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 . . .

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federal appellate court decisions

Ninth Circuit Holds Arbitration Is Not State Action

December 12, 2017 Imre Szalai 0

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 . . .

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Uncategorized

Ambiguities in the Proposed “Ending Forced Arbitration of Sexual Harassment Act of 2017”

December 6, 2017 Imre Szalai 0

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 . . .

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Uncategorized

First Circuit Issues Flawed FAA Decision

November 30, 2017 Imre Szalai 0

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 . . .

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federal appellate court decisions

Eleventh Circuit Acknowledges Role for State Arbitration Laws

November 18, 2017 Imre Szalai 2

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 . . .

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federal appellate court decisions

Fourth Circuit Issues Opinion Creating Good Policy For Arbitration Law

November 6, 2017 Imre Szalai 0

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 . . .

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Uncategorized

Marketplace Radio Interview

October 2, 2017 Imre Szalai 0

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): . . .

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Uncategorized

Workplace Arbitration Study

September 27, 2017 Imre Szalai 0

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 . . .

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US Supreme Court decisions

US Supreme Court Issues Arbitration Decision in Nursing Home Dispute

May 15, 2017 Imre Szalai 0

In a 7-1 decision issued today, the Supreme Court of the United States continued its long line of cases holding that the FAA preempts state law.  Kindred Nursing Centers v. Clark, No. 16-32 (May 14, 2017) (click here for a copy of the decision).  The . . .

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federal district court decisions

Smartphone’s Popup Keypad Frustrates Formation of Arbitration Agreement

April 20, 2017 Imre Szalai 0

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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