Businesses have to face the fact that mass arbitrations of consumer claims are quickly becoming the norm. This trend is largely the outgrowth of efforts to avoid the costs of class action litigation. However, this new form of dispute resolution brings its own problems, which are being addressed. JAMS and AAA issued rule changes and updated their fee schedules in 2024 to address mass arbitration and mitigate some of the cost and administrative burdens mass filings impose on

The US Court of Appeals for the Sixth Circuit has ruled that when a complaint plausibly alleges sexual harassment, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act can prevent arbitration of the entire case

Alternative Dispute Resolution (“ADR”) can be a cost-saving alternative to litigation. Here are practical tips for drafting strong ADR clauses for your agreements. Parties can expect faster resolution and lower costs when using ADR to resolve their disputes. Quickly reaching a decision is often critical so that business planning can continue and long-term projects can proceed uninterrupted. According to statistics from one ADR provider, the average duration of a full-length

An online job applicant filed a class-action suit, alleging that an employer unlawfully required information about arrests. The employer's motion to compel arbitration was denied.

Where are some contracts between the same parties had an arbitration clause and others did not, the parties ended up with two litigations to solve a problem

Mass arbitrations are where a plaintiff’s firm brings thousands of identical claims against a business. It has increasingly been relied upon by plaintiff lawyers in the past few years. New developments are changing the landscape.

You should consider arbitration as a viable option for commercial disputes because, in most cases, the benefits outweigh the downsides.

The Supreme Court has held that when a district court compels claims to arbitration and a party has requested a stay under the Federal Arbitration Act, the district court is required to stay the case and cannot dismiss the suit. Why This Is Important... the Supreme Court said the specific provisions of the Federal Arbitration Act overrode any discretionary authority the trial court had to dismiss a case. Cases sent to arbitration by federal district courts must be stayed an

A California appellate court vacated an arbitration award saying the arbitrator’s adverse credibility determinations were misconduct.

The Ninth Circuit found a California law that prohibited employers from requiring employees to sign an arbitration agreement as a...

The US Supreme Court has decided that an appeal of a denial of a motion to compel arbitration under the Federal Arbitration Act (FAA)...

An employer who puts an arbitration agreement in an employee handbook cannot enforce it if it maintains the right to modify the handbook....

A plaintiff was injured when an Uber driver collided with another vehicle. Uber asked to compel arbitration. It was denied because the...

In March 2022, Congress passed a law that precludes employers from requiring employees to arbitrate disputes related to sexual assault or...

An arbitration agreement that requires parties to waive federal statutory claims is unenforceable. According to the U.S. Court of Appeals...

According to one federal appellate court, just visiting a website may be consent to a binding arbitration agreement. A retailer contended...

International arbitration means different parties from different jurisdictions. Each jurisdiction may have different rules for the legal...

Congress passed, and the President has signed into law a transformative bill that allows employees to avoid enforcement of pre-dispute...

An employee claimed her employer’s policy of not compensating merchandisers for an off-the-clock time deprived them of wages earned. The...

COVID-19 has considerably slowed the resolution of pending court cases and exacerbated many courts’ already significant backlog of cases....