In third quarter ’09, this blog reported an Eighth Circuit decision holding that a business that did not enter into an arbitration agreement could not compel arbitration based on an arbitration clause to which it was not a party. ┬áIn today’s decision, the U.S. Court of Appeals for the Eighth Circuit (Melloy, J.) held under […]

Recently, as reported on this blog, the U.S. Court of Appeals for the Eighth Circuit emphasized that a party waives its right to arbitration by litigation.  And, again, today, the Eighth Circuit has reiterated this straight-forward rule, holding that a defendant’s motion to dismiss a putative class action (without invoking the arbitration clause) resulted in […]

Federal courts favor enforcing arbitration clauses as a general matter; they are just following the dictates of the Federal Arbitration Act. On the other hand, litigants cannot bury their “arbitration card” and play it after first trying their luck in the federal court — a “get out of court free card.” In case there was […]

As reported here back in March, the U.S. Court of Appeals for the Eighth Circuit heard argument and has now ruled on a case in which the District Court held that a non-signatory to an arbitration clause could enforce the clause against a signatory to the agreement. Today, in a published decision, the Eighth Circuit […]

A seller included language in a contract to the effect that, “ANY CONTROVERSY OR CLAIM ARISING OUT OF THIS CONTRACT MAY BE SETTLED IN BINDING ARBITRATION…” Then later “sales confirmations” from a broker include a boiler-plate provision that, “Any controversy or claim arising out of this contract shall be settled by arbitration by the Association […]

NFL Players Association v. NFL re: Suspensions for a Banned Substance The United States District Court, District of Minnesota (Magnuson, J.) ruled on cross-motions for summary judgment, arising in a lawsuit that followed an arbitration wherein the NFL prevailed over the claims of several suspended NFL players (Vikings and Saints). The Players Association raised several […]

This week, reversing the U.S. Court of Appeals for the Sixth Circuit, the US Supreme Court (Scalia, writing for the majority) held that no federal law bars a State from allowing one party, a non-signatory to an arbitration agreement, from invoking an arbitration agreement signed by an adversary with a third-party and, on that basis, […]

Donaldson Company, Inc. vs Burroughs Diesel, Inc., Case No. 08-2705 (oral argument, 3/13/09) A January 2009 per curiam unpublished 8th Circuit decision reversed the U.S. District Court, E.D. Mo. (Laughrey, J.), on its rejection of a non-signatory’s motion to compel arbitration. Finnie v. Looby, et al., 8th Cir. File No. 07-3526 (filed 1/12/09). The issue […]

As a rule this blog focuses on Minnesota law but some cases outside the jurisdiction are of such importance that they are worth noting. In re American Express Merchants’ Litigation, Docket No. 06-1871 (2nd Circuit, January 30, 2009) is such a decision. In a Sherman antitrust class action claim brought against American Express by merchants, […]