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Searching Content indexed under Arbitration & Dispute Resolution by Cozen O'Connor ordered by Published Date Descending.
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1
#No Filter: Terminating An Employee For Social Media Posts – Part 2
Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between...
United States
20 Sep 2019
2
Binding Arbitration Agreements In Insurance Contracts Are Void In Washington
Following a traffic accident, WSDOT and others were sued. James River accepted WSDOT's tender under a reservation of rights and demanded arbitration.
United States
28 Jan 2013
3
Shifting E-Discovery Costs To The Plaintiff In A Potential Class Action: A Pennsylvania Federal Court Tells Plaintiffs' Counsel To "Make the Investment In Discovery"
In what could be a significant opinion for federal class action defendants seeking to limit their e-discovery costs, a court in the Eastern District of Pennsylvania recently held in Boeynaems v. LA Fitness International, LLC, No. 10-2326, No. 11-2644 (E.D. Pa. Aug. 16, 2012), that plaintiffs who were seeking broad discovery regarding class certification issues – including extensive ESI requests -- should share in the costs of the defendant’s discovery production.
United States
12 Sep 2012
4
Eleventh Circuit Holds An Arbitration Panel Is A Tribunal Under 28 U.S.C. § 1782 For Purposes Of Obtaining Discovery For Use In Foreign Arbitration
The United States Court of Appeals for the 11th Circuit, held that an arbitral panel in Ecuador was a tribunal under 28 U.S.C. § 1782 for purposes of obtaining discovery for use in foreign proceedings.
United States
20 Aug 2012
5
Recent Arizona Appellate Court Opinion Reduces Ratio Of Bad Faith Punitive Damages Award To A 1:1 Ratio To Compensatory Damages
In its recent decision, the Arizona Appellate Court, Division One, affirmed a bad faith verdict in the amount of $155,000.
United States
2 Aug 2012
6
Looking For A Viable Dispute Resolution Forum For China Deals
Chinese law and Chinese courts are often excluded from the international commercial dispute resolution arena because of uncertainty occasioned by China’s underdeveloped legal system including a lack of precedential authority of Chinese courts judicial decisions, fear of local participants’ undue influence on judges and arbitrators, and broadly rumored corrupt courts
China
27 Jul 2012
7
The Death Of The Class Arbitration Waiver? Not So Fast...
Last month, the Second Circuit—for the third time, no less—struck down a class arbitration waiver in American Express’ card acceptance agreement with merchants.
United States
23 Mar 2012
8
NLRB Strikes Down Class Arbitration Waiver
Last year, in AT&T Mobility v. Concepcion, the Supreme Court upheld a class arbitration waiver in a consumer contract.
United States
29 Feb 2012
9
NLRB Strikes Down Class Action Arbitration Waiver
In a decision issued January 3, and released on Friday, January 6, the National Labor Relations Board (NLRB) held that a mandatory arbitration agreement which required all employment-related disputes to be submitted to arbitration, but also prohibited the arbitrator from considering class or collective action claims, violated the National Labor Relations Act (NLRA).
United States
16 Jan 2012
10
Accused Of Bias, Judge Recuses Himself From 17 Ongoing Cases
Can joint representation with independent counsel remedy a conflict of interest? In a recent criminal case in the U.S. District Court for the Western District of Pennsylvania, a federal judge denied the public defender’s request to withdraw over a conflict of interest from a prior representation and instead ordered the public defender to obtain separate counsel who could independently manage any claimed conflict.
United States
30 Nov 2011
11
Law Firm Disqualified After Its Client’s Party-Appointed Arbitrator Provided It With Panel Deliberations
On October 3, 2011, the U.S. District Court for Southern District of New York disqualified a law firm from acting as counsel in a reinsurance arbitration.
United States
25 Oct 2011
12
Law Firm Disqualified After Its Client’s Party-Appointed Arbitrator Provided It With Panel Deliberations
On October 3, 2011, the U.S. District Court for Southern District of New York disqualified a law firm from acting as counsel in a reinsurance arbitration.
United States
16 Oct 2011
13
Arbitration: The New ICC Rules
It is becoming more and more common for arbitration to be considered the most effective method to resolve business disputes.
United States
23 Sep 2011
14
Ninth Circuit Decision Interprets Arbitration Provision Narrowly
he U.S. Court of Appeals for the 9th Circuit recently issued a decision holding that a dispute pertaining to liability for damage caused during the salvage of a vessel could proceed in court.
United States
24 Aug 2011
15
Waiving Goodbye To Class Actions – A Potential Way Out
It is no secret by now that employers, particularly those in such industries as the financial services, retail, and health care, continue to be hit with the legal tsunami that are class action lawsuits.
United States
2 Mar 2010
16
Pennsylvania Court Considers Appropriate Balance Between Electronic Discovery And Privacy
Requests for electronically stored information ("ESI") often raise privacy concerns for counsel and clients. Courts are increasingly being called on to balance those privacy concerns against the interests of parties seeking information with which to litigate their disputes.
United States
18 Nov 2009
17
Delaware Chancery Court Interprets New York Law To Apply "All Sums" Method Of Allocation In Asbestos Bodily Injury Coverage Action
On October 14th, a Delaware Court of Chancery judge issued an 88-page opinion granting summary judgment to two insureds, Warren Pumps LLC ("New Warren") and Viking Pump, Inc. ("New Viking"), on critical issues of allocation and a corporate successorship.
United States
21 Oct 2009
18
Second Circuit Decision Will Limit Rule B Attachments
The past six years witnessed the spawning of what one New York court termed a “cottage industry for Rule B attachments” of Electronic Fund Transfers (EFT).
United States
26 Mar 2009
19
Recent Developments Regarding Financial Services: Seventh Circuit Holds Remedy Of Mortgage Rescission Available Under The Truth In Lending Act May Not Be Awarded On A Class Basis
In "Andrews v. Chevy Chase Bank", No. 07-1326 (7th Cir. Sept. 24, 2008), the Seventh Circuit court vacated the district court's certification of such a class, holding “as a matter of law that a class action for the rescission remedy under TILA may not be maintained.”
United States
2 Mar 2009
20
Recent Developments Regarding Antitrust Law: Massachusetts District Court States Scheme To Inflate Wholesale Price Of Prescription Drugs Does Not Constitute Per Se Antitrust Violation
In “New England Carpenters Heath Benefits Fund v. McKesson Corporation”, 573 F.Supp.2d 431 (D.C.MA 2008), the District Court of Massachusetts granted McKesson’s Motion to Dismiss Plaintiffs’ proposed national class action based on the allegations that the drug wholesaler engaged in unlawful price-fixing by entering into an agreement with First DataBank, a publishing company, to inflate the "average wholesale price" ("AWP") for numerous prescription pharmaceuticals in violation of the Sherman Act
United States
2 Mar 2009
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