Late last month in this blog, I wrote that the National Labor Relations Board (“NLRB”) was “cruisin’ for a bruisin’” on its arbitration policy. To review, and borrowing heavily from my own work, the NLRB had ruled previously in the D.R. Horton matter that a predispute arbitration agreement (“PDAA”) containing a class action waiver violated…

The story becomes more complicated when Citigroup and the individual broker sought to challenge the award in state court on the grounds of manifest disregard of law, and bias because two of the arbitrators failed to make required disclosures. It turns out the parties appeared to have settled their dispute before the arbitration was commenced. This the court seizes on without addressing the arbitrator disclosure issue.

I have to admit I was a little concerned about the Arbitration Resolution Services, Inc. business model when I read summaries describing Martin v. Wells Fargo Bank, N.A., No. 12-6030 (N.D. Cal. Dec. 2, 2013). It sounded like the court was saying online agreements to arbitrate were not enforceable. Then I read the actual case. Turns out this case is just about failure of proof.I have to admit I was a little concerned about the Arbitration Resolution Services, Inc. business model when I read summaries describing Martin v. Wells Fargo Bank, N.A., No. 12-6030 (N.D. Cal. Dec. 2, 2013). It sounded like the court was saying online agreements to arbitrate were not enforceable. Then I read the actual case. Turns out this case is just about failure of proof.

State and Federal courts – even in California – seem to have gotten the U.S. Supreme Court’s memo that the Federal Arbitration Act (“FAA”) generally preempts state laws that impinge on arbitration. Two recent cases underscore that trend, but also show that, at least in California, there are limits to FAA preemption, where a party asserts that the arbitration clause is unconscionable.

Not to kick a statute when it’s down, but if you think the Patient Protection and Affordable Care Act (a/k/a “Obamacare”) is having a few technical difficulties now, just wait a few years. Those who follow my blog posts know I just love predicting the future. Why? Because, while you can certainly disagree with me, you can’t definitively say I’m wrong unless you claim to be a visitor from the future.

So what’s the other tech problem looming in the future for Obamacare? A little-noticed part of the Act requires that health insurers establish external review of claims decisions.

Several times over the past few months, I’ve discussed in this blog court decisions underscoring my belief that more and more state courts now “get it” on Federal Arbitration Act preemption of state laws impinging on arbitration.  Two recent decisions by state supreme courts underscore this now undeniable trend. Washington and Crop Insurance The first…

One of the major complaints about consumer arbitration is the hassle and expense of a consumer going on a road trip to attend the arbitration hearing to seek a recovery.  A recent Second Circuit decision underscored this problem, and prompted me to write this blog post.  In Duran v. The Hass Group, L.L.C., no. 12-3568-cv…

Federal Courts on Frivolous Motions to Vacate Arbitration Awards: “I’m as Mad as Hell and I’m Not Going to Take this Anymore!”             The other night, I stumbled upon the classic movie, “Network,” starring Faye Dunaway and Peter Finch.  At a pivotal juncture in the movie, the increasingly unhinged Finch urges viewers to open their…

Before we know it, a new hockey season will be upon us.  In that spirit, I report on a Federal Arbitration Act “preemption hat trick” that was completed August 12th by the Supreme Judicial Court of Massachusetts’ decision in McInnes v. LPL Financial, Inc., SJC-11356. For those not familiar with hockey, a “hat trick” occurs…

Back in 1997, George Friedman, a member of the ARS Board of Directors, predicted and planned for the economic collapse of 2008, alternative energy needs, hybrid and electric cars, and now the future of arbitration. Check out his predictions that were applauded at the 2013 Securities Experts Roundtable in Boston.

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