On May 23, 2022, the U.S. Supreme Court considered the question of waiver in a case governed by the Federal Arbitration Act (“FAA”) and held that a party can waive its right to arbitration irrespective of whether the other party suffered prejudice. Morgan v. Sundance, Inc., No. 21-328 Robyn Morgan worked as an hourly employee for Sundance, Inc., a Taco Bell franchisee that operated more than 150 Taco Bell restaurants. Morgan worked for Sundance’s Taco Bell restaurant in Osceola, Iowa. When she applied for that job, she signed an arbitration agreement in which she agreed to “use confidential binding arbitration,… Read more
FAA Reauthorization Act of 2018 Helps to Shape the Legal Landscape for Drones
…with More Changes on the Way On Friday, October 5, 2018, the FAA Reauthorization Act of 2018 was signed into law. Among other things, the Act includes key provisions which help shape the current legal landscape surrounding unmanned aircraft systems (UAS), also known as drones. The Act also includes several directives for continued study of UAS, which means that more changes are likely on the way. UAS, commonly known as “drones,” have dramatically improved the way many industries operate and do business. Current UAS technology already offers several commercial benefits, such as efficient surveillance and the facilitation of intensive operations,… Read more
Can You Arbitrate Where You Want To?
Authored by: Darren Rowles A forum selection clause is a contractual provision designating a certain state or court as the jurisdiction in which the parties will resolve disputes arising out of their contract. These clauses are very common in the construction industry. Just as common are agreements to arbitrate disputes arising out of the contract, which may also select where the dispute will be heard. If, for example, a Georgia company enters into contracts to perform work outside of the state, it might still want its contract to include a provision indicating that all disputes relating to the contract are… Read more