In a recent case of first impression in Nevada, the Nevada Supreme Court found en banc that a nonsignatory to an arbitration agreement may compel another nonsignatory to arbitrate...more
On January 12, 2024, the U.S. Supreme Court granted certiorari in Wendy Smith, et al. v. Keith Spizzirri, et al. The Court’s review should resolve a split in the U.S. Circuit Courts of Appeal as to whether, when presented...more
By John S. Delikanakis On June 23, 2023, the U.S. Supreme Court held in Coinbase v. Bielski that U.S. district court proceedings are automatically stayed during a non-frivolous appeal of a denied motion to compel arbitration....more
6/30/2023
/ Appeals ,
Arbitration ,
Automatic Stay ,
Class Action ,
Coinbase ,
Coinbase Inc v Bielski ,
Federal Arbitration Act ,
Griggs v Provident Disc Co ,
Motion to Compel ,
SCOTUS ,
Stays
On June 22, 2023, the U.S. Supreme Court ruled that the U.S. Racketeer Influenced and Corrupt Organizations Act, commonly known as the RICO statute, may be used to enforce a foreign arbitration award. The Court’s opinion in...more
On June 13, the U.S. Supreme Court resolved a split among U.S. Circuit Courts of Appeal by holding that only an adjudicative body imbued with governmental authority is deemed a foreign or international tribunal under 28...more
On May 23, the U.S. Supreme Court resolved in Morgan v. Sundance whether a litigant seeking to establish waiver had to show prejudice resulting from an opposing party’s failure to timely enforce an arbitration provision under...more
5/25/2022
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Motion to Compel ,
Motion To Stay ,
SCOTUS ,
Unpaid Overtime