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Carlton Fields
 
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By Jason R. Brost
A court has granted a petition to confirm an arbitration award despite the defendant's argument that the arbitrator acted in manifest disregard of the law.
By Jason R. Brost
In an unpublished opinion, the Third Circuit affirmed a decision denying a defendant bank's motion to dismiss a consumer complaint in favor of arbitration when the contract containing the arbitration clause...
By David Adams, Daniel Weede
This is the second of a three-part series on the business and legal issues that arise in developing and owning hotels.
By Thaddeus Ewald
Last week, the U.S. Supreme Court rejected the Kentucky Supreme Court's use of a clear-statement rule to require that powers of attorney specifically authorize a representative to enter into an arbitration agreement, finding that the rule violated the Federal Arbitration Act's ("FAA") equal treatment principle.
By Aaron Weiss
In a recent unpublished opinion, the Eleventh Circuit issued a decision that should serve as a warning to insurers to be sure to resolve all issues before dismissing a coverage action...
By Carlton Fields
This Week's Florida Appeals : Week of May 15 - 19, 2017
By Gail Jankowski, Clifton Gruhn
An Illinois district court recently denied certification, finding that the putative nationwide class failed the commonality and numerosity prongs of Rule 23(a) and that injunctive relief was not available...
By Michael Wolgin
A refinery operator ("Wulfe"), sued his former employer alleging several employment related claims, including a claim under the California Private Attorneys General Act (PAGA).
By Gail Jankowski
The New Hampshire liquidation court approved the commutation, settlement, and release agreement between The Home Insurance Company (liquidating) and OIC Run-Off Limited (formerly known as The Orion Insurance Company) (OIC) and The London Overseas Insurance Company Limited (formerly known as The London and Overseas Insurance Company Plc) (L&O).
By Carlton Fields
Foreclosure/Conditions Precedent: plaintiff not required to given notice under section 559.715 as condition precedent to foreclosure, and plaintiff's default notice to borrowers pursuant to paragraph 22...
By Michael Wolgin
The Court of Appeal of England and Wales approved the judgment of the trial court in a reinsurance dispute between Axa and Arab Insurance Group (Arig) related to certain insured energy construction risks.
By Lauren Pizzo
Can a company prohibit its employees from participating in public writing or speaking engagements without prior company authorization?
By Gail Jankowski
Bordelon Marine, LLC sued Bibby Subsea ROV, LLC for damages and for writ of attachment arising out of a disagreement over the chartering of an offshore vessel.
By Christine Stoddard
A flurry of recent consumer protection cases in California federal courts led to mixed results for defendants attempting to dismiss nationwide class claims based on the state's choice of law rules. The U.S. District Court for the Southern District of California recently addressed the issue in Azar v. Gateway Genomics, LLC, ..
By Nora Valenza-Frost
After previously holding that various claims against the insured, Pella, alleged property damage caused by an "occurrence," thus triggering Liberty Mutual Insurance Company's ("Liberty") coverage obligations under various CGL policies, ..
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