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David Reif: David Reif – Arbitrator & Mediator
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No big cases so far this week, but there are several opinions that provide practical tips to arbitration clause drafters and litigators.
The FAA Requires Marshal Service for Non-Resident Defendants
Section 9 of the Federal Arbitration Act sets out the procedure for confirming an arbitration award. It also establishes the...
Employers considering rolling out mandatory arbitration agreements during pending class action litigation received a cautionary message from the Ninth Circuit this week. The court’s decision makes clear that district courts possess broad authority to decline enforcement of such agreements if they threaten the fundamental fairness of class proceedings.
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At the beginning of on-line business-to-consumer commerce, there was an onslaught of cases evaluating whether a site’s terms and conditions were conspicuous enough to bind the user to an arbitration clause. Those cases have slackened, especially at the Court of Appeals level. However, the Ninth Circuit revisited the question on Monday. Its comprehensive, citat...