Category Archives: Uncategorized

Two articles discussing two cases from California. In Berman v. Freedom Financial Network LLC, discussed in this Lexology article by Om Alladi at Proskauer Rose, the Ninth Circuit held that an arbitration provision contained in websites was not sufficiently conspicuous to make it enforceable against consumers who ostensibly agreed to it by clicking on aContinue reading “Online Arbitration Agreements: Enforceable Or Not”

In Park Plus, Inc. v. Palisades of Towson, LLC, the Maryland Court of Appeals held that the three year statutory period for suing for breach of contract did not bar the assertion of the contract claim in an arbitration proceeding contemplated by the parties’ agreement. As the court explained, “Statutes of limitations have historically beenContinue reading “Maryland Court Unanimously Holds That Statute Of Limitations Does Not Preclude Arbitration Claim For Breach Of Contract”

Brian Koosed, Whitney Smith, Kodey Haddox and Ashley Song of K&L Kates have this article in The National Law Review, in which they discuss a “lingering problem” of courts that “will not enforce a contract between cannabis companies” based on their view that awarding relief under the agreements would endorse violating the federal Controlled SubstancesContinue reading ““In the Weeds: Why Arbitration May Be the Key to Preserving Enforcement of Cannabis M&A and VC Contracts””

Joseph A. Apatov , Stephanie Hand-Cannane , James W. Sandy , Chase Stoecker and Alyssa Weiss of McGlinchey Stafford have this article, available at Mondaq, discussing the Ohio Court of Appeals recent decision in Franklin Dissolution L.P. v. Athenian Fund Management, Inc. As the article explains, the court held that “a party does not waiveContinue reading ““Can I Enforce The Arbitration Clause In A Terminated Agreement?””

The New Jersey appellate division recently invalidated an company’s attempt to compel arbitration of claims brought by a former employee. In Guc v. Raymours Furniture Company, Inc., the court was presented with a contractual provision that required the employee to commence an arbitration of her employment related claims within 180 days. Because the contractual timeContinue reading “Company’s Shortened Contractual Period To Assert Claim Invalidates Arbitration Provision”

Courthouse News Service has published this article discussing the Supreme Court of Wisconsin’s decision in Loren Imhoff Homebuilder, Inc. v. Taylor, in which the court was required to take up the awkward issue of an arbitrator who allegedly fell asleep multiple times during a five day hearing. Summarizing testimony by one of the parties duringContinue reading ““Wisconsin high court punts case of sleeping arbitrator””

Donald Swanson of Koley Jessen has this article in Lexology, discussing the Fourth Circuit’s opinion in PIA McAdams v. Robinson. Attorney Swanson addresses the problems inherent in imposing dual roles of “judicial mediator and decider” in a bankruptcy matter where a judge, designated as mediator, thereafter addresses the imposition of the settlement on the partiesContinue reading ““Judicial Mediator Serving As Deciding Judge In Same Case: An Overreach? (McAdams v. Robinson)””

I’m not sure this is the ringing endorsement sought by proponents of alternative dispute resolution, but as this Insurance Journal article notes, “[c]yber criminal gangs are getting increasingly adept at hacking and becoming more professional, even setting up an arbitration system to resolve payment disputes among themselves.” The article discusses this recent report of theContinue reading ““Gangs Now Arbitrate Payment Disputes as Ransomware Growth Continues””

JD Supra has published this article by Philip Bruce of McAfee & Taft, discussing the Tenth Circuit’s decision in Reeves v. Enterprise Products Partners, Inc., in which the court held that an arbitration agreement between a staffing agency and its employee served to preclude the employee from bringing judicial claims against the third party companyContinue reading ““It’s now easier for alleged joint employers to compel arbitration””

Kevin Brodehl and Zachary Young of Patton Sullivan Brodehl have this article, available in JD Supra, discussing the California Court of Appeal’s decision in California Union Square L.P. v. Saks & Company LLC, where the court was called upon to construe a lease agreement’s interplay between an arbitration provision calling for the parties to assumeContinue reading ““Commercial Leases, Arbitration, and Attorney Fee Awards””