Federal Courts Must Grant Requests for Stays Pending Arbitration

Last week, in Smith v. Spizzirri, the United States Supreme Court unanimously held that a federal court must grant a party’s request for a stay while arbitration is pending. In Spizzirri, a group of delivery drivers sued their current and former employers in Arizona state court. The plaintiffs alleged they were misclassified as independent contracts and were denied benefits. The defendants removed the case to federal court. The defendants also moved to compel arbitration and dismiss the suit.

Plaintiffs agreed their claims are arbitrable but argued the Federal Arbitration Act (FAA) only requires the court to stay, […]

The Real Estate Commission Settlement – What Does It Mean Other for Commission-Based Industries?

A Kansas City jury recently awarded a class of approximately 500,000 Missouri home sellers a verdict of $1.78 billion against the National Association of Realtors (NAR) and the four largest real estate broker franchises, finding the real estate entities conspired to require home sellers to pay an inflated brokerage commission in violation of antitrust laws. In Sitzer, et al., v. National Association of Realtors et al., Plaintiffs alleged that if a home seller did not agree to pay a set commission (usually 5-6%), his/her property would not be included on the “Multiple Listing Service” or MLS, […]

American Bar Association Moves to Dismiss Class Action Complaint Amid Rising Tide of Data Breach Litigation

The number of data breaches in the United States has increased significantly in the past ten years.  According to an IBM study, more than 4 out of 5 companies have experienced a data breach at least once. These data breaches have generated a corresponding rise in class action litigation against companies. The American Bar Association (“ABA”) is one of the most recent high-profile examples of an organization contending with such a suit.

Tiffany Troy and Eric John Mata, current ABA members, filed a class-action complaint against the ABA on April 21, 2023, for breach of implied contract […]