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Sixth Circuit clarifies multi-factor analysis for when online proposals create binding contracts with arbitration clauses

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Dahdah v. Rocket Mortg., LLC, No. 24-1910 (6th Cir. Jan. 26, 2026)[1] Factual Background Michael Dahdah (“Dahdah”) wanted to refinance his mortgage. On three occasions between October 2020 and February 2021, Dahdah visited the website LowerMyBills.com, which provides free financial advice and a referral service for consumers. LowerMyBills.com shares the same parent company as Rocket Mortgage, LLC (“Rocket”). On each occasion, Dahdah navigated through the sign-up process and was referred to Rocket for refinancing, which he…

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In USA

Eighth Circuit overturns “irrational” arbitration decision that awarded a contest participant the grand prize after the panel resorted to extrinsic evidence in interpreting an unambiguous contract

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Factual Background Mike Lindell is a Minnesota businessman, commonly known as the “My Pillow Guy.” Lindell repeatedly claimed to possess data showing that China interfered with the 2020 presidential elections. Lindell created Respondent Lindell Management LLC (“LMC”) to host a “Cyber Symposium” in South Dakota in August 2021, during which LMC would provide cyber data and packet captures from the2020 election that would prove election interference. LMC advertised a “Prove Mike Wrong Challenge” in which…

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In USA

District court grants motion requiring parties to arbitrate, holding that right to arbitrate had not been waived despite three years of litigation

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In Re: Amitiza, No. 21-11057-MJJ, (D. Mass. Jan. 27, 2025)[1] Factual Background In 2004, Sucampo Pharmaceuticals, Inc. (“Sucampo”) entered into a marketing agreement with Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals U.S.A., Inc., and Takeda Pharmaceuticals America, Inc. (collectively, “Takeda”). The marketing agreement included a 16-year exclusive licensing arrangement for certain drugs, which came to include Amitiza. In 2012, a predecessor to Par Pharmaceutical, Inc. (“Par”) had its application accepted to sell a generic version of Amitiza. Sucampo…

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In USA

Fifth Circuit holds that, in determining specific personal jurisdiction in a confirmation proceeding, a district court should consider a party’s forum contacts related to the underlying dispute that resulted in the arbitration

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Conti 11. Container Schiffarts-GMBH & Co. KG M.S. v. MSC Mediterranean Shipping Co. S.A., 91 F.4th 789 (5th Cir. 2024)[1] Factual Background In November 2000, Mediterranean Shipping Company (“MSC”), a Swiss corporation based in Geneva, chartered M/V FLAMINIA, a cargo vessel, from Conti, a German corporation. The charter agreement required all disputes arising thereunder to be arbitrated in London. From 2000 to 2012, MSC operated the FLAMINIA without issue. In June 2012, a Houston-based employee of…

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