Tenth Circuit: Effective Vindication Exception Invalidates Arbitration Agreement. ERISA Action Advances in Court
on

By Harry A. Jacobowitz, Esq.**

A U.S. Court of Appeals holds that the Supreme Court’s effective vindication exception to the enforcement of arbitration agreements applies to an arbitration agreement that prevents a defined compensation retirement plan participant from pursuing plan-wide remedies.

...Read More

Strict Atalese Standard Doesn’t Apply to PDAA Between Sophisticated Parties
on

By George H. Friedman, SAA Publisher & Editor-in-Chief

In a case of first impression, the New Jersey Appellate Division holds that the strict “waiver of jury trial” requirement for predispute arbitration agreements (“PDAA”) involving consumers articulated in Atalese and its progeny does not apply to PDAAs between sophisticated parties of relatively equal bargaining positions.

...Read More

New York State Court Refuses to Countenance End Run Around FINRA DRS Expungement Denial
on

By Harry A. Jacobowitz, Esq.***

A broker’s attempt to vacate an unfavorable New York arbitration decision through forum shopping in Colorado and an effectively uncontested vacatur proceeding,

...Read More

EFASASHA Didn’t Invalidate Employment PDAA, But Unconscionability Did
on

By George H. Friedman, SAA Publisher & Editor-in-Chief

Because the employee’s sexual harassment lawsuit predated the March 2022 effectiveness of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFASASHA”),

...Read More

President Biden Signs Speak Out Act. Bars Enforcement of Predispute Nondisclosure or Nondisparagement Clauses in Sexual Assault or Harassment Disputes
on

By George H. Friedman, SAA Publisher & Editor-in-Chief

The President has signed into law a new statute barring enforcement of predispute nondisclosure or nondisparagement clauses in disputes involving sexual assault or harassment.

...Read More

First Monday in October: Some Arbitration-Centric Cases Worth Following
on

By George H. Friedman, SAA Publisher & Editor-in-Chief

The Supreme Court was back in session on October 3. Here are some arbitration-centric cases worth knowing about,

...Read More