Desk
4 pieces from this desk.
The Ninth Circuit struck down a bespoke mass arbitration regime root and branch, including its delegation clause. Certiorari was denied in October 2025. Every protocol drafted since has been written in that decision's shadow.
Courts Desk · 3 min
Twenty-five coordinated claims per round. Aggressive resolution targets. A tolling provision the drafter could contest. The Northern District of California found the combination unconscionable — and gave every clause reviewer a checklist.
Courts Desk · 3 min
Thirty-five thousand claimants, a $4.1 million invoice, and a respondent that declined to pay. The Seventh Circuit held a district court could not order it to — a ruling whose reach depends entirely on the words a clause uses to incorporate provider rules.
Courts Desk · 3 min
Twenty-five claimants trigger the protocol; ten claims move at a time; nothing sets an outer limit and nothing tolls the clock. A New Jersey appellate court declined to sever, and struck the agreement in its entirety.
Courts Desk · 3 min