Mondaq USA: Litigation, Mediation & Arbitration > Arbitration & Dispute Resolution
Carlton Fields
In a dispute between the Washington Nationals, the Baltimore Orioles, and affiliated parties regarding the value of broadcasting rights for Nationals games, an appellate court has affirmed a trial court...
Schnader Harrison Segal & Lewis LLP
In Dugan v. Best Buy, an unreported decision (thus far) by the New Jersey Appellate court, we are again reminded of the requirement that an employee's waiver of the right to sue contained in an employee-employer arbitration agreement must be clear and unambiguous, and any waiver that falls short of this exacting standard will not be enforced under New Jersey law.
Carlton Fields
The Sixth Circuit has affirmed an order confirming an arbitration award regarding indemnification obligations for environmental cleanup owed by William Farley toward the Eaton Corporation...
BatesCarey LLP
Jason P. Minkin, Jonathan A. Cipriani, and Nicole M. Gallagher have published an article in The Maritime Advocate entitled "Tug's H&M Insurer Must Reimburse P&I Club's Defense Payment in Bridge Allision."
BatesCarey LLP
Jason P. Minkin, Jonathan A. Cipriani, and Nicole M. Gallagher have published an article in the Kluwer Arbitration Blog entitled "Federal Court Upholds P&I Club's Coverage Determination as Valid, Binding ADR Decision."
Carlton Fields
The Second Circuit recently affirmed a lower court's decision to vacate its earlier judgment enforcing a Malaysian-based arbitration award against the government of Laos where a Malaysian court...
Ogletree, Deakins, Nash, Smoak & Stewart
Although efforts to pass Affordable Care Act (ACA) repeal-and-replace health care reform have ground to a screeching halt, there is still quite a bit of buzz surrounding health care matters.
Cadwalader, Wickersham & Taft LLP
By a vote of 231-190, the United States House of Representatives voted to approve a joint resolution (see previous coverage)...
Akin Gump Strauss Hauer & Feld LLP
The patent owner argued that the petition should be barred because one of the named inventors is in privity with the Petitioner.
Proskauer Rose LLP
They proceeded to arbitration, filing a claim of retaliation under the New York Labor Law.
We have been following how California courts deal with the intersection of PAGA claims and individual arbitration agreements after Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014) for some time.
It has been a quiet year so far with regard to US Supreme Court decisions on arbitration-related issues. There have been, however, several recent cases that reflect the fact that US courts continue to wrestle with the application of concepts such as sovereign immunity, forum non conveniens, personal jurisdiction and comity as they relate to the enforcement of foreign arbitral awards, and, in particular, enforcement of awards against sovereigns.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The plaintiff(s) eventually argued for class arbitration, but the arbitration clause said nothing about such a procedure.
Jones Day
Now that the PTAB has designated as precedential Section II.A. of this opinion, the panel's holding that assignor estoppel does not bar a petitioner from filing an IPR is binding on all PTAB panels.
We have previously written about how Dodd-Frank retaliation cases are a mixed bag for employers and about the Supreme Court's expansion of Sarbanes-Oxley ("SOX") Whistleblower protections.
Foley & Lardner
One of the changes in approach that the current administration has taken to the legal system—a change often overshadowed by other headlines—is the current administration's willingness to enforce arbitration clauses.
Lewis Roca Rothgerber Christie LLP
This decision has generated much discussion and misleading commentary. Judge Gilstrap denied Cray's Motion to Dismiss for lack of personal jurisdiction and improper venue, as follows:
Carlton Fields
Questions of arbitral venue, even in international arbitration, are presumptively for the arbitrator to decide.
Jones Day
The Court's decision could resolve a question of great significance for financial institutions and those who use their services in transactions.
Hughes Hubbard & Reed LLP
Hughes Hubbard led TC Heartland LLC to a decisive, 8-0 victory over Kraft Foods in the Supreme Court of the United States.
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Jackson Lewis P.C.
The U.S. Supreme Court term that ended June 2017 included a number of decisions important to workplace law, as well as the confirmation of Justice Neil Gorsuch.
Herrick, Feinstein LLP
Scott Mollen analyzed the following cases in his weekly Realty Law Digest column in the New York Law Journal (subscription required)...
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
The Supreme Court is set to hear oral argument in October on whether class and collective action waivers are enforceable.
Gowling WLG
United States Trade Representative Robert Lighthizer has released a Summary of the USA's North American Free Trade Agreement renegotiation objectives.
Holland & Knight
Under a controversial new final rule issued by the Consumer Financial Protection Bureau (CFPB) on July 10, 2017, banks and credit card companies are prohibited from forcing consumers....
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The U.S. Court of Appeals for the Federal Circuit recently held that an arbitration clause in an agreement did not apply to claims made in an infringement lawsuit, where the agreement...
Womble Carlyle
Womble Carlyle attorney Mark Henriques helped a North Carolina man get a second chance in a pro bono subsidized housing case.
Akin Gump Strauss Hauer & Feld LLP
Banks and credit card companies will no longer be able to compel consumers into arbitration to avoid class action lawsuits, based on a new rule from the Consumer Financial Protection Bureau (CFPB).
Grant Thornton LLP
In Petersen v. Commissioner, 148 T.C. No. 22 (June 13, 2017), the Tax Court addressed the application of Section 267(a)(2) to an S corporation that maintains an employee stock ownership plan (ESOP).
Vedder, Price P.C.
Congress directed the CFPB to study pre-dispute arbitration agreements in the Dodd-Frank Wall Street Reform and Consumer Protection Act.
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