Search for: "CLASS COUNSEL AND PARTY TO ARBITRATION"
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4 Mar 2013, 5:35 am
Whether a party was forced into an arbitration agreement was best left to state unconscionability law. [read post]
7 Jun 2018, 10:05 am
The Cons It’s easier for unrepresented parties to bring weak claims. [read post]
19 Jul 2018, 2:33 pm
In addition, the employer and employee (and their attorneys) mutually select an arbitrator whereas the parties to a court action do not have input into the judge assigned to their lawsuit. [read post]
12 Feb 2018, 3:52 am
Finally, Dynamex argued that Daniel was a third-party beneficiary to the arbitration agreement between it and its vendor. [read post]
12 Feb 2018, 3:52 am
Finally, Dynamex argued that Daniel was a third-party beneficiary to the arbitration agreement between it and its vendor. [read post]
30 Mar 2009, 4:39 am
Defense counsel countered that the enforceability of the arbitration agreement, including the class action waiver, must be determined by the arbitrator. [read post]
6 Mar 2017, 7:33 am
” He also invoked “the federal policy favoring arbitration embodied in the FAA and armed with preemptive force” in counseling against reliance on a New Jersey doctrine that ruled out arbitration when multiple contracts conflicted as to its terms. [read post]
28 May 2019, 4:41 pm
Supreme Court held today that a third-party defendant could not remove a class action to federal court under the Class Action Fairness Act (CAFA) because the term “defendant” as used in CAFA refers only to the party or parties sued by the original plaintiff. [read post]
11 Jun 2013, 7:17 am
Had one of the parties asked a court to rule on the arbitrability of the issue of whether they consented to class arbitration, the court’s standard of review would have been de novo, absent clear and unmistakable evidence that the parties wanted an arbitrator to decide it. [read post]
26 Jul 2007, 5:49 am
The Court of Appeal defined the issue as, “May a party lose its contractual right to compel arbitration if, when negotiating and seeking approval of a class action settlement, it misrepresents the benefits of the proposed settlement to the court, opposing counsel and others? [read post]
25 Mar 2013, 9:46 am
Sutter’s counsel what gave an arbitrator, selected by Dr. [read post]
29 Apr 2021, 6:00 am
You shouldn’t have to take an arbitration training in order to represent a party in an arbitration — and in fact, a lot of the tools and techniques arbitrators need to master go beyond what an effective counsel needs in order to be successful. [read post]
4 Jan 2010, 11:17 am
On December 31, 2009, the First District issued an interesting opinion relating to whether a trial court may properly strike a class settlement provision providing that the amount of class counsel’s fee award would be resolved by private arbitration. [read post]
3 Feb 2013, 3:29 pm
Those decisions established that because class arbitration and bilateral arbitration limited to the parties of the agreement are profoundly different, a party cannot be required to participate in class arbitration unless the party has affirmatively agreed to do so. [read post]
21 May 2018, 12:34 pm
In fact, as the Court pointed out, as recently as 2010 the NLRB’s General Counsel had asserted that class action waivers did not violate the NLRA. [read post]
20 Jul 2023, 6:57 am
In short, the FAA gives parties to a contract containing an arbitration clause the absolute right to a stay of a law suit pending arbitration. [read post]
5 May 2016, 1:32 pm
Moreover, companies currently using arbitration agreements should promptly consult with counsel to consider what steps they can take to reduce litigation risks in light of the CFPB’s proposal. [read post]
18 Sep 2017, 6:35 pm
Authored by:Arlene Turinchak, Senior Counsel CAPSTONE LAW APC [read post]
22 Jun 2011, 6:53 am
As such, it appears that the Board may not agree with the former General Counsel's analysis, and may find that arbitration agreements precluding class or collective action arbitrations violate Section 8(a)(1) of the Act. [read post]
16 Mar 2017, 11:31 am
The Act also requires that class counsel disclose in writing to the court and other parties the identity of any person or entity (other than a class member or class counsel of record) who has any right to receive compensation from any settlement, judgment or other relief secured in the action. [read post]
