In Swinerton Builders, Inc. v. Argonaut Insurance Co., Swinerton Builders, a contractor, sued a surety on bond claims arising from defaults by its subcontractor on a series of work orders. The owner ...
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So You Say You Want to Arbitrate? Navigating the Unexpected Complexities of Arbitration Provisions
Todd E. Soloway and Bryan T. Mohler explain that although arbitration clauses are widely favored and commonly used, courts will narrowly construe their scope. Explicit drafting can avoid unintended ...
In a much-anticipated opinion, the Supreme Court unanimously held this morning that a party claiming waiver of the right to arbitrate need not show prejudice, in Morgan v. Sundance, Inc., Case No.
In his International Arbitration column, John Fellas discusses non-signatories to arbitration agreements, highlighting the issue that U.S. courts hold that a non-signatory may rely upon an arbitration ...
The Supreme Court on Monday unanimously ruled against a fast-food franchise owner in a procedural dispute over whether a wage-theft lawsuit belongs in federal court or in arbitration. Justice Elena ...
The U.S. Supreme Court recently expanded the circumstances under which a party may waive its right to demand arbitration. In Morgan v. Sundance, Inc., 142 S. Ct. 1708, 1711 (2022), the Court held that ...
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We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...
A change to the so-called “Arbitration Clause” buried deep within Amtrak’s “Terms and Conditions” for ticket sales that stipulates mandatory arbitration—effectively, preventing passengers from filing ...
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