Author Archives: Jeremy Nash

“Arcane” Questions of Arbitrability Resolved by the Courts, Not Arbitrators

There are still arenas where common sense prevails in the changing world of litigation concerned with the enforcement of contractual arbitration provisions. The beginning for all discussions on this subject is the axiom that arbitration “is a matter of contract … Continue reading

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NLRB Finds Class Action Litigation Protected Activity Under NLRA

The National Labor Relation Board’s (NLRB) recent ruling in D.R. Horton Inc. answered an important question presented by the U.S. Supreme Court’s ruling last Spring in AT&T Mobility LLC v. Concepcion: does federal policy favoring arbitration apply equally in the … Continue reading

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Meritless Motions to Compel Arbitration in Class Actions Follow Concepcion

There has been a  surge in the number of motions to compel arbitration filed in consumer class actions since the U.S. Supreme Court’s ruling in AT&T Mobility v. Concepcion, 131 S.Ct. 1740 (2011) this spring. Some may have been warranted, but a … Continue reading

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