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.
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.
By George H. Friedman, SAA Publisher & Editor-in-Chief
A divided Ninth Circuit Panel holds that California’s AB-51 is preempted by the Federal Arbitration Act (“FAA”).
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,
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”),
By George H. Friedman, SAA Publisher & Editor-in-Chief
Reversing a recent trend, the Supreme Court has agreed to review an arbitration-related case this Term.
