Arbitration in the States

The Court ruled that the FAA forecloses courts from applying neutral state law principles in the face of ambiguous contract language if doing so would result in allowing arbitration to proceed on a class-wide basis.

June 25, 2019

By NIWR

Lamps Plus, Inc. v. Varela, No. 17-988 (U.S. Apr. 24, 2019) Relevant Facts: An employee of Lamps Plus fell prey to a phishing scheme and accidentally released the tax […]

The Court reaffirms that states cannot pass laws that directly or indirectly “disfavor” arbitration.

June 25, 2019

By NIWR

Kindred Nursing Centers Ltd. P’Ship v. Clark, 137 U.S. 1421 (2017) Relevant Facts: Beverly Wellner and Janis Clark, two individuals who did not know each other, used their respective […]

The Court declares that arbitration is fundamentally bilateral in nature and rules that the FAA precludes states from barring enforcement of class waivers in arbitration clauses, even for unrelated law enforcement or public policy reasons.

June 25, 2019

By NIWR

AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011) Relevant Facts: Consumers who responded to an advertisement for a free phone were subsequently charged a fee on their bill, […]

The Court vastly expands the reach of the FAA beyond the commercial context to include almost all contracts of employment.

June 25, 2019

By NIWR

Circuit City Stores, Inc. v. Adams, 523 U.S. 105 (2001) Relevant Facts: A man filled out a job application to work at a big-box electronics retailer, and was hired. […]

The Court rules that the FAA is applicable to wholly intrastate consumer claims.

June 25, 2019

By NIWR

Allied-Bruce Terminix Cos., Inc. et al v. Dobson, 513 U.S. 265 (1995) Relevant Facts: A homeowner contracted with an exterminator to inspect and protect his home from termites. The […]

The Court acknowledges that states may give courts authority to consolidate arbitral proceedings to reduce the risk of contradictory judgments.

June 25, 2019

By NIWR

Volt Info. Sciences v. Stanford Univ., 489 U.S. 468 (1989) Relevant Facts: A construction contract between parties included an arbitration clause containing a choice-of-law provision that required the contract […]

Next Steps: Sync an Email Add-On

Arbitration in the States

Footer