Robert Lusk
Should the Trial Court Stay or Dismiss a Case Ordered into Arbitration?
The United States Supreme Court continues to flesh out the Federal Arbitration Act (FAA). The Court’s recent decision in Smith v....
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Robert Lusk
Apr 152 min read
US Supreme Court Clarifies FAA Exemption for Transportation Workers
US Supreme Court's new decision interpreting the FAA.
Robert Lusk
Jan 22 min read
Equal Fee Splitting Regardless of AAA Rules?
An important difference between arbitration and litigation is filing and arbitrator’s fees. In employment cases, the American...
Robert Lusk
Sep 1, 20232 min read
If An Administrative Agency Has Exclusive Jurisdiction, An Arbitrator Has None?
Michigan’s Court of Appeals recently held an arbitrator lacks jurisdiction if the Legislature has granted exclusive jurisdiction to an...
Robert Lusk
Jun 26, 20232 min read
Appeals from Trial Court Decisions Denying Arbitration Trigger Automatic Stay for the Moving Party
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...
Robert Lusk
May 31, 20231 min read
Arbitration Clause Applies to Superintendent’s Claims against Individual Board Members
A school district superintendent’s employment contract includes a broad arbitration clause. Does the arbitration clause apply to the...
Robert Lusk
Apr 6, 20233 min read
Court of Appeals Complicates Enforcing or Challenging Arbitration Awards
The Court of Appeals unpublished decision in Waller v Blue Cross Blue Shield of Michigan (Case No. 360392, March 23, 2023) highlights a...
Robert Lusk
Aug 24, 20223 min read
When Can a Non-Signatory Be Bound by an Arbitration Agreement?
There’s usually no mistaking who’s bound by an arbitration agreement: the parties who signed it at the bottom. However, the Sixth...
Robert Lusk
Aug 19, 20221 min read
Bob Lusk Authors Published Article on 2022 FAA Developments
Readers may have noticed how many Federal Arbitration Act (FAA) decisions were handed down by the US Supreme Court this year. ...
Robert Lusk
Jun 20, 20222 min read
US Supreme Court Holds FAA Preempts State Laws Prohibiting Class Action Waivers
California’s labor code includes a provision known as the Private Attorney General Act of 2004 (PAGA). PAGA permits individuals to bring...
Robert Lusk
Jun 15, 20221 min read
Supreme Court Ends Access to US Discovery for Private Arbitrations in Foreign Countries
A federal statute, 28 USC 1728(a), commonly referred to as Section 1728, permits federal courts to order discovery “… for use in a...
Robert Lusk
Jun 7, 20221 min read
Supreme Court Addresses FAA Exclusion for Workers Engaged in Interstate Commerce
The Supreme Court’s decision in Southwest Airlines Co. v. Saxon, ___ US ___ (2022), Case No. 21-309, June 6, 2022, addressed the scope of...
Robert Lusk
Jun 1, 20222 min read
Reversal of Arbitrator’s Award Affirmed
An employee’s initially effective effort to finesse his away out of a tight spot resulted in the reversal of an arbitration award in...
Robert Lusk
May 26, 20222 min read
Supreme Court Eases Standard for Waiving Arbitration Rights
In a short, unanimous opinion written by Justice Kagan, the Supreme Court held an employer may waive its contractual right to arbitrate...
Robert Lusk
May 15, 20221 min read
Employees may not be Compelled to Arbitrate ERISA Claims Brought on Behalf of Non-Party Plan
The Sixth Circuit’s decision in Hawkins v Cintas Corporation, et al., ___ F4th ___ (6th Cir 2022), handed down on April 27, 2022,...
Robert Lusk
Apr 6, 20222 min read
Sixth Circuit Addresses the Respective Roles of Court and Arbitrator
The Sixth Circuit’s split decision in In Re: StockX Customer Data Security Breach Litigation, Case No. 21-1089 (December 2, 2021)...
Robert Lusk
Mar 29, 20222 min read
Court of Appeals Decision Highlights the Enforceability of Arbitration Agreements in Michigan
The Court of Appeals recent decision in TBI Solutions, LLC, v Gall, Case No. 356747 (February 24, 2022) highlights the enforceability of...
Robert Lusk
Mar 21, 20222 min read
Plaintiffs Alleging Sexual Harassment or Assault Disputes may “Opt-Out” of Mandatory Arbitration
The Federal Arbitration Act (FAA) was recently amended to permit plaintiffs alleging sexual harassment or sexual assault disputes to...
Robert Lusk
Feb 22, 20222 min read
Should a Court Dismiss or Stay Claims Subject to Arbitration?
Assume a plaintiff files a lawsuit that includes claims subject to arbitration under the Federal Arbitration Act (FAA). Should the...
Robert Lusk
Oct 7, 20212 min read
Ex Parte Communication between Attorney and Neutral Arbitrator Violates Attorney Ethics Rules
The Michigan Rules of Professional Conduct clearly prohibit ex parte communications between an attorney and a judge. MRCP 3.5. The...
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