Viewing: arbitration

Dear Dropbox, I’ll Take the Arbitration

Dropbox revised its terms of service recently and sent an email to its users notifying them of the changes. I haven't read through the entire ToS yet. But Bill Carleton's post on his Counselor @ Law blog yesterday prompted me to take a look at the arbitration clause. I'm sharing my comment to his post […] Read More

Kansas City Chiefs Fail to Compel Former Employee to Arbitrate Age Discrimination Claim

The Missouri Court of Appeals recently upheld the denial of the Kansas City Chief's motion to compel its former employee to arbitrate an age discrimination claim. The purported arbitration agreement at issue was not binding because it was not supported by consideration. The employee had signed an arbitration agreement on her first day of work. […] Read More

Missouri State Contract Cases 2012 (Part 12): Arbitration Agency and Broker Negligence

In this case, Truman Bank's debtor, a marina, suffered storm damage, repaired the damage using insurance proceeds, later sold the marina, and paid off the bank debt. The bank sued because the insurance company failed to pay the bank directly as a loss payee, seeking a second payment as well as statutory damages for vexatious […] Read More

Missouri State Contract Cases 2012 (Part 08): Arbitration, Quantum Meruit, and Action on Account

In this case that I discuss in Arbitration Might Just Be the Most Exciting Area of Contract Law, the Missouri Court of Appeals, Western District held that a merger clause in an installment contract precluded a separately-signed arbitration agreement from being effective. In a dispute among law firms over splitting attorneys' fees in a successful […] Read More

Arbitration Might Just Be the Most Exciting Area of Contract Law

Most areas of contract law change very little over time. When a new way of doing business comes along, the law might take a while to figure out how to deal with it, but eventually a consensus approach (or two) is adopted by the courts, and things hum along once again. An example during my […] Read More

Missouri State Contract Cases 2012 (Part 07): Shipping Rebates, Abandonment, and Judicial Estoppel

Boomerang Transportation brought suit against Miracle Recreation Equipment alleging breach of a shipper-carrier contract. Under the contract Boomerang agreed to transport materials for Miracle in exchange for a per-mile payment, and a portion of the payment was subject to rebate based on Boomerang’s ability to obtain customers for “back haul.” Miracle counter-claimed alleging that Boomerang […] Read More

The Missouri Supreme Court Meets Concepcion: Robinson v. Title Lenders, Inc.

In two opinions filed on March 6, 2012, the Missouri Supreme Court applied recent U.S. Supreme Court arbitration precedent to cases involving binding arbitration agreements. In yesterday's post I discussed Brewer v. Missouri Title Loans, in which the Missouri Supreme Court held that a binding arbitration agreement was unenforceable due to unconscionability. Today I'll discuss Robinson v. […] Read More

The Missouri Supreme Court Meets Concepcion: Brewer v. Missouri Title Loans

In two opinions filed on March 6, 2012, the Missouri Supreme Court applied recent U.S. Supreme Court arbitration precedent to cases involving binding arbitration agreements. In tomorrow's post, I'll discuss the court's application of Stolt-Nielsen, S.A. v. AnimalFeeds International Corp. and AT&T Mobility LLC v. Concepcion to reverse a lower court's judgment that refused to enforce […] Read More

U.S. Supreme Court to Oklahoma High Court on Arbitration: Try Again

Yesterday the U.S. Supreme Court vacated a decision by the Oklahoma Supreme Court, which held that the “existence of an arbitration agreement in an employment contract does not prohibit judicial review of the underlying agreement.” The Supreme Court disagreed and held that a dispute as to a contract’s enforceability was a question for the arbitrator, […] Read More

AMEX Arbitration Case Goes to the Supreme Court (Again and Again and Again)

I noticed via a post yesterday on the ADR Prof Blog that the Supreme Court has granted certiorari in an arbitration case that I characterized in a post earlier this year as probably the case most affected by the Supreme Court’s recent arbitration decisions (i.e., Stolt-Nielsen v. Animal Feeds and AT&T Mobility v. Concepcion). This […] Read More

1 2