The United States Supreme Court continues to flesh out the Federal Arbitration Act (FAA).  The Court’s recent decision in Smith v....

US Supreme Court's new decision interpreting the FAA.

An important difference between arbitration and litigation is filing and arbitrator’s fees.  In employment cases, the American...

Michigan’s Court of Appeals recently held an arbitrator lacks jurisdiction if the Legislature has granted exclusive jurisdiction to an...

The general rule is that parties to a lawsuit may not appeal until the case is over at the trial court level. The trial court completes...

A school district superintendent’s employment contract includes a broad arbitration clause. Does the arbitration clause apply to the...

The Court of Appeals unpublished decision in Waller v Blue Cross Blue Shield of Michigan (Case No. 360392, March 23, 2023) highlights a...

There’s usually no mistaking who’s bound by an arbitration agreement: the parties who signed it at the bottom. However, the Sixth...

Readers may have noticed how many Federal Arbitration Act (FAA) decisions were handed down by the US Supreme Court this year. ...

California’s labor code includes a provision known as the Private Attorney General Act of 2004 (PAGA). PAGA permits individuals to bring...

A federal statute, 28 USC 1728(a), commonly referred to as Section 1728, permits federal courts to order discovery “… for use in a...

The Supreme Court’s decision in Southwest Airlines Co. v. Saxon, ___ US ___ (2022), Case No. 21-309, June 6, 2022, addressed the scope of...

An employee’s initially effective effort to finesse his away out of a tight spot resulted in the reversal of an arbitration award in...

In a short, unanimous opinion written by Justice Kagan, the Supreme Court held an employer may waive its contractual right to arbitrate...

The Sixth Circuit’s decision in Hawkins v Cintas Corporation, et al., ___ F4th ___ (6th Cir 2022), handed down on April 27, 2022,...

The Sixth Circuit’s split decision in In Re: StockX Customer Data Security Breach Litigation, Case No. 21-1089 (December 2, 2021)...

The Court of Appeals recent decision in TBI Solutions, LLC, v Gall, Case No. 356747 (February 24, 2022) highlights the enforceability of...

The Federal Arbitration Act (FAA) was recently amended to permit plaintiffs alleging sexual harassment or sexual assault disputes to...

Assume a plaintiff files a lawsuit that includes claims subject to arbitration under the Federal Arbitration Act (FAA). Should the...

The Michigan Rules of Professional Conduct clearly prohibit ex parte communications between an attorney and a judge. MRCP 3.5. The...