Articles From Jay Schleppenbach

Supreme Court Unanimously Upholds Enforcement of International Arbitration Agreements by or Against Nonsignatories By Jay Schleppenbach Alternative Dispute Resolution, August 2020 In June, the U.S. Supreme Court stated in a unanimous opinion that international arbitration agreements may be enforced against non-parties on a theory of equitable estoppel.
COVID-19 Sparks Renewed Interest in Online Dispute Resolution By Jay Schleppenbach Commercial Banking, Collections, and Bankruptcy, May 2020 In the legal world, some are looking to online dispute resolution as a fitting solution for legal problems in the era of social distancing.
COVID-19 Sparks Renewed Interest in Online Dispute Resolution By Jay Schleppenbach Alternative Dispute Resolution, April 2020 In the legal world, some are looking to online dispute resolution as a fitting solution for legal problems in the era of social distancing.
1 comment (Most recent May 8, 2020)
Ninth Circuit Overrules 35-Year-Old Decision Barring Arbitration of ERISA Disputes By Jay Schleppenbach Alternative Dispute Resolution, October 2019 The ninth circuit recently concluded in Dorman v. Charles Schwab that ERISA claims are subject to mandatory arbitration, serving as a possibly sign of increasingly supportive judicial attitudes toward arbitration.
Southern District of New York Holds FAA Preempts State Law Prohibiting Arbitration of Sexual Harassment Claims By Jay Schleppenbach Alternative Dispute Resolution, August 2019 From time to time, courts and legislatures have attempted to exclude certain types of claims from being arbitrated.
U.S. Supreme Court holds class arbitration cannot be ordered absent an express agreement By Jay Schleppenbach Alternative Dispute Resolution, July 2019 The U.S. Supreme Court concluded in Lamps Plus, Inc. v. Varela that class arbitration cannot be compelled where the arbitration agreement is not silent but rather ambiguous about the availability of such arbitration.
New Jersey legislature passes legislation barring mandatory arbitration of discrimination claims By Jay Schleppenbach Alternative Dispute Resolution, April 2019 New Jersey's legislature recently passed a bill that would prohibit employers from enforcing mandatory pre-dispute arbitration provisions.

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