The case of New Prime, Inc. v. Oliveira is the second arbitration / delegable / arbitrability question which the U.S. Supreme Court decided in a week. This case may have limited application to disputes involving transportation workers however it is worth discussing to ensure a clear understanding the delegation of …

Justice Kavanaugh issued his first Supreme Court opinion (unanimous) which helped streamline enforcement of arbitration AND provided contract-drafting lawyers some model arbitration language (which, as we’ll see, still needs some work). The question before the Court was whether a trial court could still decide the threshold question of “arbitrability” — …

Florida courts have long determined that the “offer of judgment” statute, Florida Statute 768.79, and the corresponding “proposal for settlement rule, Florida Rule of Civil Procedure 1.442, should be strictly construed. The problem, however, is that the “strict compliance” approach opened a pandora’s box of litigation by losing parties who …