Irony of Ironies: Corporations Seeking to Avoid their Own Arbitration Agreements when Faced with Mass Arbitration Filings
In what must be the irony of all ironies in the class action and arbitration world, the New York Times reports companies requiring their customers to pursue claims in arbitration…
An Arbitration Fantasy in the World of Fantasy Sports: Plaintiffs Compelled to Arbitrate with Defendants They Did Not Enter into Arbitration Agreements With
An addendum to the old adage that “bad facts make bad law” may be in order, with the addendum to be: “the sheer size and manageability difficulties of complex class…
Arbitration Is One Thing That Isn’t Bigger In Texas
In a decision issued at the end of November in Robinson v. Home Owners Management Enterprises, Inc.,[1] the Texas Supreme Court addressed whether the availability of class arbitration under the…
Seventh Circuit Court of Appeals Holds Breach of Contract Exclusion in E&O Policy Unenforceable
In a recent opinion in Crum & Forster Specialty Insurance Co. v. DVO, Inc.,[1] the United States Court of Appeals for the Seventh Circuit considered whether a breach of contract…
The Fifth Circuit Joins the Majority of Circuits in Holding the Availability of Class Arbitration is an Issue to be Decided by the Court, Not an Arbitrator
The door to class arbitration, and class actions generally, continues to be pushed closed. In its 20/20 Communications, Inc. v. Crawford decision issued at the end of July of 2019,…
Notice Clauses in Insurance Policies, the South Carolina Supreme Court’s Neumayer Decision, and Construction Defect Cases
In its Neumayer opinion issued at the end of July, the South Carolina Supreme Court resolved an issue specific to an automobile liability insurance policy but in doing so, alluded…