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Court Decisions

IS THE CLASS ACTION FAIRNESS ACT OF 2005 A MISNOMER? THE IMPACT ON CLASS ACTION WAIVERS IN CONSUMER ADR CLAUSES - Journal of American Arbitration (JAA) - Vol. 5, No. 1
Nivine K. Zakhari
PDF | March 2006
January 2018
THE WYOMING SUPREME COURT HOLDS THAT THE COURT, RATHER THAN THE ARBITRATOR, SHOULD DECIDE WHETHER THERE HAS BEEN FRAUD IN THE INDUCEMENT OF A CONTRACT IN FOX V. TANNER - Journal of American Arbitration (JAA) - Vol. 4, No. 1
Gregory M. Alvarez
PDF | March 2005
January 2018
A COLORADO COURT OF APPEALS DECLINES TO ADOPT THE COMMON LAW STANDARD OF MANIFEST DISREGARD OF THE LAW FOR VACATING ARBITRAL AWARDS IN COORS BREWING CO. V. FEDERICO CABO AND CORPORACIÓN CALFIK, S.A. DE C.V. - Journal of American Arbitration (JAA) - Vol. 4, No. 1
Justin Edwab
PDF | March 2005
January 2018
THE FLORIDA SUPREME COURT HOLDS THAT STATE LAW APPLIES IN A FRAUD IN THE INDUCEMENT CLAIM IN CARDEGNA V. BUCKEYE CHECK CASHING, INC. - Journal of American Arbitration (JAA) - Vol. 4, No. 1
Jerri L. Fuller
PDF | March 2005
January 2018
THE FOURTH CIRCUIT ADOPTS BROAD INTERPRETATION OF SUBJECT MATTER JURISDICTION IN CASES IN WHICH A CONTROVERSY UNDERLYING AN ARBITRATION AGREEMENT PRESENTS A BROAD FEDERAL QUESTION IN DISCOVER V. VADEN - Journal of American Arbitration (JAA) - Vol. 4, No. 1
Abigail Whiffen
PDF | March 2005
January 2018
THE FIFTH CIRCUIT HOLDS THAT AN ARBITRATION CLAUSE IS PROCEDURALLY UNCONSCIONABLE IN BANC ONE ACCEPTANCE CORP. V. HILL PURSUANT TO PREVIOUS MISSISSIPPI SUPREME COURT HOLDING - Journal of American Arbitration (JAA) - Vol. 4, No. 1
Ryan Boland
PDF | March 2005
January 2018
THE NINTH CIRCUIT COURT OF APPEALS FINDS MODIFICATIONS TO EMPLOYMENT ARBITRATION AGREEMENTS UNCONSCIONABLE IF REASONABLE NOTICE IS NOT GIVEN AND NOT SEVERABLE IF UNCONSCIONABLE PROVISIONS PERMEATE THE CONTRACT - Journal of American Arbitration (JAA) - Vol. 4, No. 1
Tyler Henderson
PDF | March 2005
January 2018