Searching Content by Gail Jankowski from Carlton Fields ordered by Published Date Descending.
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Shingled Out: Eleventh Circuit Binds Homeowners To Individual Arbitration Provisions Displayed On Roofing Shingle Packaging
This case involved a twist on the classic "shrinkwrap" agreement. Here, plaintiff homeowners brought a putative class action seeking damages and declaratory relief on behalf of a class of building...
United States
11 Dec 2018
Federal District Court Declines To Rule On Arbitration Award, Finding No Independent Basis For Jurisdiction
Following arbitration, the parties filed cross-motions to confirm and vacate the arbitration award. The District Court for the Southern District of California issued an order to show cause...
United States
7 Dec 2018
Seventh Circuit Joins Five Other Circuits, Holds Availability Of Class Or Collective Arbitration Is A Gateway Issue Of Arbitrability To Be Decided By Courts, Not Arbitrators
A former employee of Waterstone Mortgage Corporation filed a class action against Waterstone in Wisconsin federal court in 2011 alleging wage violations and breach of contract.
United States
22 Nov 2018
Another Sentinel Strike: California District Court Dismisses Financial Elder Abuse And Fraud Claims
The Hartford affiliate Sentinel Insurance Company continued its successful campaign to limit dubious claims by securing another favorable decision
United States
9 Nov 2018
Court Finds New York Convention Applies To Arbitration Agreement In Insurance Policy That Would Otherwise Be Invalid Under State Law
Lloyd's issued an insurance policy with an arbitration provision, covering direct physical loss or physical damage caused by windstorm and/or hail.
United States
26 Oct 2018
Years-Long Asbestos Reinsurance Battle Continues For Utica And Century, Including Whether Century Must Follow The Fortunes Of Utica's Allocation Of Losses
In 2013, Utica Mutual Insurance Company filed a complaint alleging that Century Indemnity Company (1) breached two reinsurance certificates executed between the parties covering the years 1973 and 1975...
United States
24 Oct 2018
Court Denies Class Certification Based on Judicial Estoppel
The plaintiff brought a putative class action after allegedly defaulting on charges for medical services.
United States
18 Oct 2018
Rhode Island Makes Technical Changes To Its Credit For Reinsurance Regulation
Rhode Island adopted the NAIC Credit for Reinsurance Model Regulation in 2014.
United States
8 Oct 2018
United States
4 Oct 2018
Eighth Circuit Upholds Confirmation Of Arbitration Award Directing Payment Of Attorney's Fees And Expenses Unrestricted By Contractual Limit On Liability
In a case concerning a contract for the construction of a pipe conveyor system, ProEnergy Services, LLC, and its surety Western Surety Company (collectively, "ProEnergy") ...
United States
24 Sep 2018
Delaware Bankruptcy Court Confirms Restructuring Plan Involving Scottish Re
The stipulation and the restructuring plan was then approved
United States
13 Sep 2018
Court Construes Reinsurance Participation Agreement, Rejects Venue Objection, and Confirms Arbitration Award
O'Connell Landscape Maintenance, Inc. (O'Connell) and Applied Underwriters Captive Risk Assurance Co. (AUCRA) entered into a reinsurance participation agreement (RPA).
United States
22 Aug 2018
Court Enforces Forum Selection And Choice Of Law Clauses In Worker's Compensation Reinsurance Participation Agreement
Plaintiff AGL Industries, Inc. (AGL), a steel fabrication and erection business, enrolled in a workers' compensation insurance policy with Defendant Continental Indemnity Company and a reinsurance participation agreement (RPA) with Defendant Applied Underwriters Captive Risk Assurance Company, Inc. After Continental canceled the workers' compensation insurance policy, ...
United States
22 Aug 2018
Eleventh Circuit Reverses NLRB Order, Enforcing Individualized Arbitration Clause In Employee Agreement
A pizza delivery driver employed by Domino's Pizza franchisee Cowabunga Inc. filed a collective action under the Fair Labor Standards Act with the National Labor Relations Board.
United States
7 Aug 2018
Two Federal Appellate Courts Decline To Find "Evident Partiality" Due To Trivial Omissions In Arbitrator's Disclosures
Argentina appealed, but the appellate court affirmed, reasoning that the company on whose board the arbitrator sat had only trivial interest in the parties, and therefore, the arbitrator's interests in the parties were insignificant.
United States
2 Aug 2018
In Deepwater Horizon Arbitration, UK Appellate Court Declines To Remove Arbitrator With Multiple Related Appointments
The underlying case concerned the 2010 explosion and fire on the Deepwater Horizon oil rig in the Gulf of Mexico, when a well which was in the process of being plugged and temporarily abandoned, experienced a blow out.
United States
26 Jul 2018
Ninth Circuit Confirms Arbitration Award Due To Failure To Preserve Objection To Arbitrability
Pioneer Roofing Organization (PRO) appealed an order from a federal district court granting summary judgment in favor of Sheet Metal Workers' Local Union No. 104 on PRO's petition...
United States
17 Jul 2018
Recalls Of Loaned Securities By Insurance Dedicated Funds
In March, the SEC sanctioned the investment advisers of two funds supporting variable insurance contracts for inadequate disclosure about the funds' recalls of loaned portfolio securities...
United States
9 Jul 2018
Supreme Court To Determine Whether An Arbitration Clause Must Explicitly Authorize Class-Wide Arbitration
The Supreme Court recently granted certiorari in Lamps Plus Inc. v. Varela, to determine "[w]hether the Federal Arbitration Act forecloses a state-law interpretation of an arbitration agreement ...
United States
22 Jun 2018
District Court Denies Motion For Preliminary Approval Of Class Action Settlement Citing Dearth Of Information And Failure To Follow Court's Settlement Guidelines
The District Court for the Northern District of California denied a motion for preliminary approval of a proposed settlement, citing the plaintiffs' disregard of the court's guidelines ...
United States
21 Jun 2018
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