Category Archives: Uncategorized

A few days ago I shared a reference to this article by John Lewis of Baker Hostetler discussing the Fourth Circuit’s decision in Beckley Oncology Associates, Inc. v. Abumasmah, holding that parties by contract can waive judicial review of an arbitration award. Others, including Andrew Baskin and Linda Jackson of Arent Fox and Michael WolginContinue reading “Additional Takes On Beckley Oncology Associates, Inc. v. Abumasmah”

Christina Kennedy and Emily Beer of Foley & Lardner have this article in Mondaq, discussing the Sixth Circuit’s recent decision in Sevier County Schools Federal Credit Union v. Branch Banking and Trust Company. As the authors explain, the case began when the defendant bank substantially lowered interest rates on certain investments despite an alleged promiseContinue reading ““Sixth Circuit Refuses To Enforce Unilateral Changes To Arbitration Provision””

Nine years ago I served on a National Golf Advisory Committee that issued Recommended Best Practices for the resolution of disputes in the golf industry, urging “golf course owners, course managers, builders, manufacturers, distributors, retailers, instructors, players, media, travel providers, and others … to embrace mediation and arbitration as the preferred methods of dispute resolutionContinue reading “Golf Canada Adopts ADR As Its Policy For The Resolution Of Disputes”

Lexology has published this article from Buckley, discussing the Eleventh Circuit’s decision in Larsen v. Garcia, in which the court affirmed a decision finding arbitrable putative class actions challenging a national bank’s overdraft practices. The opinion is interesting in that the court was tasked with interpreting two versions of a client agreement. One version providedContinue reading ““11th Circuit: Class members must arbitrate overdraft suits””

Jonathan Turner, David M. Gettings & David N. Anthony of Troutman Pepper authored this article, discussing the Eleventh Circuit’s recent decision in Hearn v. Comcast Cable Communications, LLC. As the article describes, Hearn presents a scenario where “the plaintiff obtained services from the defendant in 2016, and signed a subscriber agreement with an arbitration provisionContinue reading ““Compelling Arbitration: The Eleventh Circuit Court of Appeals Reverses and Remands a District Court Holding Denying Defendant’s Motion to Compel Arbitration in an FCRA Case””

Spoiler alert. Employees seeking to invalidate an agreement to arbitrate employment disputes on grounds that they did not knowingly waive their right to a judicial forum likely will not be happy with an opinion that begins by noting the employee “is a former corporate attorney who became an investment banker.” Thus, in Zoller v. GCAContinue reading “Attorney-Employees Take Note”

The Ninth Circuit’s decision in Zoller v. GCA Advisors, LLC is the subject of this Law.com article. The article notes that the court held the the arbitration provision to be enforceable based upon facts demonstrating the employee evidenced her agreement to arbitrate based upon her “access to various documents with the arbitration provisions and theContinue reading ““Knowing-Waiver Standard Is Still ‘Good Law’ in Routing Title VII Claims to Arbitration, 9th Circuit Rules””

John Lewis of Baker Hostetler has written this article, available at Lexology, discussing the Fourth Circuit’s recent decision in Beckley Oncology Associates, Inc. v. Abumasmah. The Fourth Circuit dismissed the lower court’s dismissal of a complaint to vacate an arbitration award, because “[t]he employment agreement between BOA and Abumasmah purported to waiveb oth judicial andContinue reading ““Can You Waive Appellate Review of an Arbitration Award? The Fourth Circuit Says Yes””

Those interested in a quick overview of the AAA’s recently released Discovery Best Practices for Construction Arbitration may find useful this summary by R. Thomas Dunn and David Fitzpatrick at Pierce Atwood, available at JD Supra.

The unmistakable takeaway from the Ohio Court of Appeals Decision in AJZ’s Hauling, L.L.C v. TruNorth Warranty Programs of North America is that the ends justified the means. A small, family-owned business, shortly after purchasing a used truck, “experienced significant engine- and transmission-related issues.” They filed suit against the issuer of a warranty. The warrantorContinue reading “Appellate Court Affirms Denial Of Motion To Compel Arbitration, Even Though Lower Court Reversed Itself And Refused To Hold A Hearing”