Search for: "CLASS COUNSEL AND PARTY TO ARBITRATION"
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4 Apr 2012, 5:22 pm
But whether or not you can split this hair, counsel drafting arbitration provisions must acknowledge Sutter's practical effect, and act accordingly. [read post]
2 Feb 2018, 4:00 am
To date, in Canada, most court decisions regarding third party funding have involved class actions. [read post]
2 Apr 2014, 5:30 am
[xii] Commentators speculate that bias is created when an arbitrator chooses as class counsel the original counsel who participated in the selection of the arbitrator, filed the claim, and/or advanced fees to the arbitrator. [read post]
5 Jul 2012, 7:01 am
Defense counsel thought (or hoped) that Stolt-Nielsen would preclude class arbitration whenever the arbitration clause did not expressly allow class or collective proceedings. [read post]
5 Jul 2012, 7:01 am
Defense counsel thought (or hoped) that Stolt-Nielsen would preclude class arbitration whenever the arbitration clause did not expressly allow class or collective proceedings. [read post]
16 Jul 2007, 4:00 pm
Q: 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]
27 Mar 2018, 4:00 am
The management of the funder’s own affairs requires that it be provided with reasonable information concerning class counsel’s assessment of liability, damages and trial prospects. [read post]
27 Apr 2010, 9:41 am
AnimalFeed’s counsel clarified to the arbitration panel that the term “silent” did not mean merely that the clause failed to make any express reference to class arbitration. [read post]
20 Oct 2016, 12:36 pm
It means that if there is an issue of whether class claims and the parties are bound to arbitration through the agreement, the decision may be left to the arbitrator, not the court, to decide whether the agreement contemplates class claims. [read post]
30 Apr 2019, 3:30 pm
To take full advantage of Court’s latest opinions concerning class waivers and class arbitrations, it is essential that employers consult with legal counsel to ensure that their arbitration agreements are compliant and updated. [read post]
28 Apr 2010, 12:09 pm
Supreme Court has ruled that under the Federal Arbitration Act, a party can’t be forced to arbitrate a class action unless the agreement in question specifically says that it applies to class actions. [read post]
10 Jul 2017, 3:00 pm
Class counsel, however, recovered a staggering $424,495,451. [read post]
6 Feb 2012, 6:15 am
Two decisions within the past few days emphasize the limits on class action arbitration waivers, despite recent United States Supreme Court opinions that breathed new life into such provisions. [read post]
6 Feb 2012, 6:15 am
Two decisions within the past few days emphasize the limits on class action arbitration waivers, despite recent United States Supreme Court opinions that breathed new life into such provisions. [read post]
24 Apr 2019, 3:59 pm
The parties — Lamps Plus and Varela, an employee of Lamps Plus — had an arbitration agreement that was ambiguous about the availability of class arbitration. [read post]
15 Aug 2014, 5:00 am
§ 78u-4(a)(6) states only that “[t]otal attorneys’ fees and expenses awarded by the court to counsel for the plaintiff class shall not exceed a reasonable percentage of the amount of any damages and prejudgment interest actually paid to the class. [read post]
26 Sep 2011, 6:13 am
Because such an action is not one benefiting private parties, refusing to enforce the arbitration clause and its class action waiver does not frustrate the FAA. [read post]
4 Apr 2013, 9:15 am
The court also noted that, at oral argument, defense counsel made an “eleventh hour” agreement to bear the full arbitration costs notwithstanding the parties’ written 50-50 arrangement. [read post]
7 Mar 2011, 12:17 pm
The class action bar is typically more vigilant that the public investors arbitration bar. [read post]
28 Feb 2017, 11:14 am
The memo authored by the agency’s Associate to the General Counsel states: The General Counsel is committed to judicial economy and avoiding undue litigation. [read post]
