Kentucky Commercial Law and Litigation

Recent Posts from Kentucky Commercial Law and Litigation

• Arbitration Can Be Compelled by Non-Parties to Agreement

  The Supreme Court has once again firmly planted itself on the side of enforceability of arbitration agreements. We have previously written about this tendency (here) -- prohibiting parties from changing the scope of review of…

• Class Action Waivers Redux -- American Express Loses Again

  It has been a few bad weeks for American Express. We wrote a couple of weeks ago about the Second Circuit's decision invalidating class action waivers in arbitration agreements with it merchants. Now the Third…

• COBRA ARRA TARP YIKES

• Class Action Waivers in Arbitration Agreements Held Unenforceable by Second Circuit

  The strong policy in favor of arbitration has made it virtually impossible to resist enforcement of arbitration agreements over the last couple of decades. Arbitration is now generally favored in a vast array of cases,…

• Arbitration Agreement Must Provide for Arbitration in Kentucky – Otherwise Not Enforceable.

  The Supreme Court has held that an arbitration agreement that does not provide for arbitration to occur in Kentucky cannot be enforced by a Kentucky court. Therefore, drafters of contracts providing for arbitration must be…

• Antitrust and Sports Injury

• LLCs and Fiduciary Duties

• Claim Preclusion and Privity

• Class Actions and the Annihilation Defense

• Third Circuit Expands Admissibility of Subsequent Remedial Measures