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23 Jul 2019, 9:05 am
Anand denied that she had agreed to be bound by the arbitration clause. [read post]
22 Jan 2013, 1:12 am
Forever 21 appealed, and the Court of Appeal began its analysis of the arbitration agreement by first clarifying that the California Arbitration Act (“CAA”), rather than the Federal Arbitration Act (“FAA”), governed. [read post]
17 Nov 2008, 3:46 pm
Professor Ariana Levinson reports on the performance of the University of Louisville's team in the ABA's arbitration competition: I would like to congratulate the arbitration competition team on their great performance at the ABA arbitration competition this past weekend. [read post]
20 Jun 2013, 1:14 pm
The District Court granted the motion compelling individual arbitration, however the Court of Appeals reversed, holding that because the merchants had established that “they would incur prohibitive costs if compelled to arbitrate under the class action waiver,” the arbitration waiver was unenforceable. [read post]
17 May 2012, 5:10 pm
Also, in the arbitration award, the panel may order a party to reimburse another party for all or part of any filing fee paid. [read post]
17 May 2012, 5:10 pm
Also, in the arbitration award, the panel may order a party to reimburse another party for all or part of any filing fee paid. [read post]
26 Mar 2013, 11:00 pm
Explicitly recognizing that investors often rely on the reputations of the entities with which they are dealing, the 4th Circuit nevertheless enjoined the Defendants' FINRA arbitration. [read post]
1 Apr 2013, 6:11 am
Explicitly recognizing that investors often rely on the reputations of the entities with which they are dealing, the 4th Circuit nevertheless enjoined the Defendants' FINRA arbitration. [read post]
4 Mar 2010, 9:10 am
It is a long, thoughtful, well-supported post, delving fairly deeply into the factors leading to the relative paucity of female arbitrators and mediators outside the "Pink Ghetto," which is not a lesbian bar, but, in the context of the ADR world, a term used to refer to the kinds of cases that are commonly thought to require more emotion than reason -- family law, employment law and trusts and estates. [read post]
5 Oct 2016, 3:53 pm
By Jim Cline and Geoff Kiernan An arbitrator found that while a Portland police captain committed the numerous offenses at issue during the grievance hearing, the city did not have just cause for the indefinite demotion of the officer. [read post]
31 Oct 2024, 9:16 am
Duane Morris Takeaway: This week’s episode of the Class Action Weekly Wire features Duane Morris partner Jerry Maatman and associate Derrick Fong-Stempel with their analysis of a recent ruling issued by the California Court of Appeal in the Second Appellate District affirming the district court’s order declining to grant the defendant’s motion to compel arbitration … Continue reading "The Class Action Weekly Wire – Episode 80: California Appellate Court… [read post]
15 Jul 2010, 12:47 pm
Supreme Court held that the Federal Arbitration Act (FAA) provided the exclusive grounds for judicial vacatur and modification of arbitral awards [...] [read post]
26 Apr 2023, 10:48 am
“Uber Drivers Must Arbitrate Pay Suit, Third Circuit Rules”: Khorri Atkinson of Bloomberg Law has this report. [read post]
13 Feb 2008, 3:14 pm
This week the Washington Court of Appeals ruled that arbitration clauses that provide only one party to the agreement the sole right to select the arbitrators are unenforceable. [read post]
22 Mar 2019, 9:10 am
He was referencing my earlier post this week, Arbitration Clause Requiring New York Law and New York Arbitration Cited as Avoidance of Florida Lawsuit—Another Instance of Surplus Lines Insurer Abuse in Florida. [read post]
9 Jul 2012, 12:50 pm
(“Wall Street’s Captive Arbitrators Strike Again,” by William D. [read post]
25 Jul 2017, 4:00 am
Agreement to arbitrate.3. [read post]
17 Aug 2011, 9:59 pm
Best two features: (1) The default position is a sole (one) arbitrator [read post]
11 Feb 2011, 11:51 am
The Seventh Circuit Court of Appeals recently held that a court cannot consider an arbitrator’s reputational interest in being appointed again in the future when determining whether that arbitrator is “disinterested” within the meaning of the parties’ arbitration agreement. [read post]
22 Aug 2007, 6:50 am
Here's an excerpt: What we have begun to see is that virtually all consumer transactions, no matter the size or type, now contain an arbitration clause. [read post]
