Searching Content indexed under Arbitration & Dispute Resolution by Gail Jankowski 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
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
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
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
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
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
Multi-Million Russian Mall Investment Dispute Remains In Limbo As Ninth Circuit Vacates Turnover Order Requiring Release Of Assets Held In Lichtenstein Trust
With respect to the grant of attorney's fees, the Ninth Circuit vacated the award as an abuse of discretion, finding that the district court granted Smagin's request for attorney's fees without entering any finding on bad faith.
United States
19 Jun 2018
Fifth Circuit Affirms Federal Court's Injunction Of State Court Proceeding That Attempted To Stay Arbitration
The Fifth Circuit weighed the factors and affirmed the district court's decision against abstention based in part on the strong federal policy favoring arbitration.
United States
8 May 2018
Court Vacates Arbitration Award In Crop Insurance Dispute That Awarded Remedies Preempted By Federal Law
The plaintiff, a farming company, demanded arbitration against Diversified Crop Insurance Services over the nonpayment of federally reinsured claims.
United States
23 Apr 2018
Fourth Circuit Dismisses Appeal Of Order Compelling Arbitration In Voluntarily Dismissed Class Action
This case arose from a putative class action alleging claims against Groupon on the basis of its reimbursement policies. After the trial court ordered the parties to arbitrate pursuant...
United States
19 Apr 2018
New York District Court Confirms Foreign Arbitration Award, Reasoning That Courts With Secondary Jurisdiction May Not Refuse To Confirm An Award Due To Ambiguity
In opposition to Petitioner's motion to confirm the final award, Respondent argued, among other things, that the final award was so ambiguous as to be unenforceable.
United States
28 Mar 2018
Fourth Circuit Instructs District Court To Vacate Arbitration Award That Was Not Mutual, Final, And Definite
Under the parties' contract, because the parties' respective appraisers disagreed as to the proper amount, a third appraiser was instructed to arrive at a compromise with one (or both)...
United States
26 Mar 2018
Fifth Circuit Affirms Waiver Of Arbitration Where Plaintiff First Sought To Compel Arbitration After Removal To Federal Court
This case concerned a business dispute between two physicians. Despite the arbitration clause contained in their agreement, Dr. Raju sued Dr. Murphy in state court.
United States
9 Mar 2018
Third Circuit Upholds Arbitration Agreement In Retail Installment Agreement Between Used Car Buyer And Dealer
This dispute stemmed from a complaint filed by Edmondson, alleging claims under the Federal Odometer Act and the Magnuson-Moss Warranty Act, as well as state law claims for fraud, in relation to her purchase of a...
United States
19 Feb 2018
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