Section Newsletters

Articles on Arbitration Clauses

Upholding or striking consumer mandatory arbitration clauses: What is the current trend? By David W. Inlander & Deborah Jo Soehlig Alternative Dispute Resolution, May 2018 Recent cases have addressed situations that call into play the issues raised by mandatory arbitration clauses and class action waivers in form agreements.
Upholding or striking consumer mandatory arbitration clauses—What is the current trend? By David W. Inlander & Deborah Jo Soehlig Bench and Bar, February 2018 Recent cases, and the revocation of the CFPB rules limiting arbitration provisions in consumer contracts, continue the growing trend to remove many types of cases from the traditional litigation arena, when arbitration was contracted for between the parties.
Arbitration clauses in the context of third-party beneficiary claims: An issue ripe for corporate consideration and Illinois Supreme Court review By Matthew R. Carter Civil Practice and Procedure, May 2016 A discussion of the current state of Illinois law considering arbitration clauses and third-party beneficiary claims.
Eighth Circuit denies non-signatories standing to challenge arbitration agreement By John R. Schleppenbach Alternative Dispute Resolution, June 2015 A summary of the recent decision in Conners v. Gusano’s Chicago Style Pizzeria.
Power of Attorney’s execution of admission contract with arbitration clause is binding on principal’s common law and Nursing Home Care Act claims By Jason G. Schutte Elder Law, June 2015 An overview of the recent case of Fiala v. Bickford Senior Living Group, LLC.
Arbitration clause survives expiration of contract By Michael R. Lied Federal Civil Practice, June 2014 A synopsis of Huffman v. The Hilltop Companies, LLC.
Are your clients’ arbitration clauses enforceable? By David J. Fish Alternative Dispute Resolution, October 2012   The case of Domin v. River Oaks Imports, Inc., provides a valuable lesson—remember the basic elements of contract law when drafting arbitration agreements.
1 comment (Most recent October 9, 2012)
Strength of arbitration clauses upheld in Marmet Health Care Center, INC., v. Clayton Brown By Madeline Moton Alternative Dispute Resolution, April 2012 The Supreme Court restated that federal law preempts anystate law which attempts to prevent arbitration in instances where arbitration is agreed upon or required within a contract on the basis of “a particular type of claim.”
Kahn v. BDO Seidman, LLP: Plaintiffs’ claims not subject to arbitration clause By Joshua Bailey Alternative Dispute Resolution, December 2010 Can an accounting firm realistically help individuals “structure transactions” to obtain beneficial tax results without, by implication, providing “investment advice?”
Dissolution of mandatory credit card arbitration clauses signals need for arbitration reform By Sidra Hamidi Alternative Dispute Resolution, February 2010 One of the primary uses of arbitration is seen in the settlement of consumer credit card disputes. However, mandatory arbitration clauses in credit card agreements have continually sparked the ire of both consumers and advocates of consumer rights.
Mandatory arbitration clauses in employee manuals By Jon D. McLaughlin Labor and Employment Law, December 2006 A recent National Labor Relations Board (the “Board”) decision suggests that employers should review materials that they have distributed to their employees concerning mandatory arbitration.
Employment arbitration agreements are enforceable, even when unilaterally proposed by the employer during the course of employment By Mia Hoffman Civil Practice and Procedure, June 2006 Are current employees bound to alterations in employer-mandated terms and conditions where they restrict the employee’s ability to pursue statutory and other rights in a traditional judicial forum where there may be a jury?

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