Author Archives: Robert Harris

The recent New Jersey Appellate Division’s decision in Strickland v. Foulke Management Corp. raises an interesting question of whether parties can contractually expand the scope of judicial review of an arbitration award beyond the minimal requirements of the Federal Arbitration Act (FAA). In Strickland, the plaintiffs purchased a car, with documents that provided for arbitration,Continue reading “Attempts To Contractually Alter Statutory Arbitration Rights And Limitations May Not Be Successful”

Here’s an interesting take on the optimal size for an arbitration panel, at least in certain cases. This article by Gregory Parent of Miles Mediation & Arbitration, available at JD Supra, advocates for a two person panel as offering cost and time savings over the traditional multi-member panel of three, while suggesting that the panel’sContinue reading ““The Case for a Two-Arbitrator Panel””

The California appellate decision in Vaughn v. Tesla Inc. is discussed by Joanne Deschenaux in this article found in SHRM. An employer hired workers who commenced their engagement through a staffing agency and, in connection with their new role as company employees, obtained their agreement to arbitrate disputes “arising from or relating to your employment.”Continue reading ““Workers Did Not Have to Arbitrate Claims Arising Before They Signed Arbitration Agreements””

Kersten Kortbawi of Greenbaum Rowe has authored this informative article, discussing the New Jersey Appellate Division’s recent decision in County of Passaic v. Horizon Healthcare Services, Inc. Attorney Kortbawi posits that the court’s decision “fundamentally reshapes the interpretation of arbitration clauses in commercial contracts.” Specifically, the court made a meaningful U-turn from a 2014 NewContinue reading “Another Cautionary Tale For Those Drafting Arbitration Provisions”

In certain cases, a court may order a non-party to arbitrate a dispute when they are knowingly seeking to exploit the benefits of an agreement containing an arbitration clause. This is because the court recognizes that the non-party is aware of the provisions in such contracts and has chosen to take advantage of them. AContinue reading ““Plaintiffs Who Made Claims Based on Rights Under an Agreement Are Bound by the Agreement’s Arbitration Provisions””

As discussed in this Lexology article by Ian Faria and Sydney Warren of Bradley Arant, the Texas Supreme Court has held that non-signatory minor children of a home purchaser are subject to the provisions of an arbitration agreement entered into between the purchaser and the home builder. Quoting the decision, the article notes the court’sContinue reading ““It’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory Parents””

Confronted with conflicting dispute resolution provisions between the employment and LLC agreements that encompassed the relationship between a principal of an investment firm and his partners, the Delaware Chancery Court issued this opinion in Fairstead Capital Management LLC v. Blodgett. Sidley Austin’s Heather Benzmiller Sultanian and Rebecca B. Shafer provide a thorough analysis of theContinue reading ““Collision Course: The Consequences of Conflicting Forum-Selection Provisions””

Scott Jang of Jackson Lewis has authored this article, available at Lexology, discussing the California Court of Appeals decision in Iyere v. Wise Auto Group. As suggested by the article’s title, Mr. Jang’s takeaway is that, especially when an arbitration agreement contains the employee’s signature, the “decision may aid employers seeking to enforce arbitration agreementsContinue reading ““The ‘I Do Not Recall Signing’ Defense to Arbitration Agreements Ruled Out by California Court of Appeal””

John Lewis of Baker Hostetler provides thorough summary of the recent decision by the Southern District of New York in Mullo v. DoorDash, Inc. The analysis, available at Lexology, discusses the court’s treatment (and rejection) of a “grab-bag of arguments” challenging arbitrability, including consent, class waiver and structural arbitrator bias. The takeaway for Mr. LewisContinue reading ““A Recent DoorDash Opinion Addresses Several Pivotal Arbitration Issues””

Rebecca Bjork of Duane Morris has authored this article, available at Lexology, discussing the Southern District of New York’s decision in Querette v. Chromalloy Gas Turbine, LLC, As Attorney Bjork notes, “the Court’s order represents a master class in how to properly apply contract interpretation principles and enforce all clauses in arbitration agreements.”