News

One of today’s cases is an important one from the Eighth Circuit dealing with waivers.  It is a must read...

It’s good to be back after some travel.  Fall has hit New England and the leaves are changing; it’s a...

Clickwrap and Browsewrap Agreements For anyone either drafting  an arbitration agreement based upon a website hyperlink or litigating over one,...

There were no cases published on Thursday worth writing (or reading) about, so I skipped Friday’s edition; the courts made...

Unconscionability Due to Lack of Discovery Beasenburg v. Ultragenyx Pharmaceutical, Inc., 203 U.S. Dist. LEXIS 165760 (D.S.C. September 15, 2023)(Hendricks,...

Clickwrap; PayPal Arbitration Agreement In Evans v. PayPal, Inc., 2023 U.S. App. LEI 24618 (9th Cir. September 18, 2023), a...

Should the Court Stay or Dismiss a Case after Compelling Arbitration? One of the hotter legal issues in arbitration is...

Unconscionability; Venue Selection; Conspicuousness Anyone whose practice involves consumer representation needs to keep Munoz v. Earthgrains Distribution, LLC, 2023 U.S....

 American Arbitration Association Rules Last year, the AAA amended its Commercial Rules, with the changes applying to cases filed after...

As we move into fall, “Highlights” is taking a new approach – shorter case discussions in  a daily (or almost-daily)...