Legal Writing

Narrow Arbitration Clause Precludes Arbitration of Dispute
FCI Group v. City of New York, ___A.D. 3d____(1st Dep't. July 22, 2008), is an interesting decision. Arbitration was sought over a contruction contract dispute. The court ultimately held that the dispute was not arbitrable because the arbitration clause was...

ARBITRATION: Separation doctrine on fraud and enforceability of mandatory arbitration clause in contract not unconstitution and not violative of jural rights (which does not apply): DUTSCHKE V. JIM RUSSELL REALTORS, INC. (COA 8/1/2008)
DUTSCHKE V. JIM RUSSELL REALTORS, INC. ARBITRATION: Separation doctrine on fraud and enforceability of mandatory arbitration clause in contract; arbitration clause does not violate jural rights doctrine which does not apply to arbitration clauses; and clause does not violate right to jury trial 2007-CA-001146 PUBLISHED: AFFIRMING PANEL: HENRY PRESIDING; KELLER CONCURS; COMBS CONCURS IN RESULT FILING SEP...

Licensors successor is not bound by arbitration clause in license agreement
Last week’s Federal Circuit decision in DataTreasury Corp. v Wells Fargo & Company highlights the interplay between federal and state laws in IP license agreements.  In the case, a patent license agreement contained an arbitration clause in which the parties agreed that all disputes would be subject to arbitration...

The Devil's in the Details When It Comes to Michigan Arbitration Agreements
Arbitration agreements are becoming more and more common in a wide variety of Michigan contracts. The reason why arbitration is becoming so popular is that it is seen as generally being a faster, cheaper and less disruptive method for resolving business disputes than traditional litigation in the courts...

CA1: denial of motion to arbitration confirmed
Combined Energies v. CCI, Inc., No. 07-1766 (2/1/08) affirms the denial of a motion to stay proceedings and compel arbitration in a dispute between ex-partner businesses. Their partnership agreement apparently had an arbitration clause...

Supreme Court: Arbitration Clause Trumps State Law
Law professors keep writing about the problems with pre-dispute arbitration clauses and their possible interference with important public interests. Meanwhile, the U.S. Supreme Court keeps ignoring all that advice...

Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause