Matthew H. Mues | Davis Wright Tremaine The question is often raised whether to file a lawsuit in court if claims are subject to arbitration. There are myriad reasons (statutory requirements, statute of limitations/repose, subpoena powers of courts, etc.) why a party may want to first file a lawsuit in court and then stay (or… Continue reading Should I Stay or Should I … Dismiss: Supreme Court Mandates Federal Courts To Stay, Not Dismiss, Actions Under the Federal Arbitration Act
Tag: Federal Arbitration Act
Is It Too Late to Arbitrate? The Supreme Court Clarifies the Test for Whether a Party Has Waived Its Right to Arbitrate
Matthew K. Lilly | Bradley Arant Boult Cummings When a party files a lawsuit in court despite agreeing in the contract to arbitrate the dispute, the Federal Arbitration Act (FAA) entitles the responding party to file a motion to stay, or pause, the lawsuit and compel the case to arbitration. While the responding party can… Continue reading Is It Too Late to Arbitrate? The Supreme Court Clarifies the Test for Whether a Party Has Waived Its Right to Arbitrate
Attacks on Contract’s Validity are Likely Insufficient to Overcome the Binding Effect of the Contract’s Arbitration Provision
Alexander Thrasher | Bradley A recent opinion from the Court of Appeals of Georgia illustrates that contracts entered into with an unlicensed contractor, which are often unenforceable by an unlicensed contractor under many states’ laws, likely will not defeat the Federal Arbitration Act’s (FAA) deference to arbitration as the forum for determining whether a contract… Continue reading Attacks on Contract’s Validity are Likely Insufficient to Overcome the Binding Effect of the Contract’s Arbitration Provision
United States Supreme Court Limits Class Arbitration
Jeffrey K. Brown and Raymond J. Nhan | Payne & Fears | April 24, 2019 On April 24, 2019, the United States Supreme Court held that the Federal Arbitration Act (“FAA”) bars orders requiring class arbitration when an agreement is ambiguous about the availability of such a procedure. Lamps Plus v. Varela, 587 U.S. __ ,… Continue reading United States Supreme Court Limits Class Arbitration
Arbitration Provision In Insurance Policy Applies Because Federal Arbitration Act Supersedes State Law Making Such Clauses Illegal
Chip Merlin | Property Insurance Coverage Law Blog | May 15, 2019 “Oh, Boy!” was my first thought after reading a case which holds that those arbitration agreements requiring policyholders to arbitrate in far-away places could not be stopped by state law. Congress should stop this, and state legislators should write laws to ban those… Continue reading Arbitration Provision In Insurance Policy Applies Because Federal Arbitration Act Supersedes State Law Making Such Clauses Illegal