Searching Content indexed under Litigation, Mediation & Arbitration by Jeanne Kohler ordered by Published Date Descending.
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California District Court Denies Motion To Vacate FINRA Arbitration Award
A California district court recently denied a motion to vacate an arbitration award which had denied a plaintiff's claims brought before the Financial Industry Regulatory Authority ("FINRA").
United States
21 Dec 2018
South Carolina Federal Court Denies Motion To Stay And Orders Insurer To Produce Documents
The background of this case is as follows. In 2014, ContraVest Inc., ContraVest Construction Co., and Plantation Point Horizontal Property Regime Owners Association Inc.
United States
30 Nov 2018
The Third Circuit Affirms District Court's Confirmation Of Arbitration Award, Finding That The Panel Did Not Exceed Its Powers Or Manifestly Disregard The Law
The complete procedural background of this "not precedential" case can be found here. In sum, this case stems from a 2007 lease agreement between Ross Dress for Less, Inc. ("Ross") and VIWY, L.P.
United States
28 Nov 2018
Seventh Circuit Affirms Ruling Denying Motion To Compel Arbitration, Holding That Company Waived Right To Arbitrate
GC Services Limited Partnership ("GC Services"), a debt collector hired by a bank to collect an allegedly unpaid balance on a credit card, advised plaintiff Francina Smith that it would commence a collection proceeding ...
United States
12 Nov 2018
Florida Federal Court Confirms Arbitration Award, Finding Defendants Did Not Meet "Heavy Burden" To Vacate The Award
The background of this case can be found here. Floridians for Solar Choice, Inc. ("FSC"), is a Florida not-for-profit corporation ...
United States
19 Oct 2018
English Court Holds That Discovery Given By U.S. Citizen Pursuant To A 28 U.S.C. § 1782 Order Can Be Used In London Arbitrations
This English court case involved arguments by Dreymoor Fertilisers Overseas Pte. Ltd. ("Dreymoor"), a Singapore trading company, to prevent EuroChem Trading GmbH ...
United States
17 Oct 2018
New York Federal Court Confirms Arbitration Award
The background and full procedural history of this case can be found here. In sum, the dispute stems from a 2011 agreement by KT Corporation and KTSAT Corporation, a Korean satellite communications provider, ...
United States
22 Aug 2018
Florida Federal Court Dismisses Reinsurer's Agent From Breach Of Contract Lawsuit
In this case, the ceding company, VIP Universal Medical Insurance Group Ltd. ("VIP"), brought an action in Florida federal court against its reinsurer, BF&M Life Insurance Company Ltd. ("BF&M") ...
United States
20 Aug 2018
First Circuit Holds Online Mandatory Arbitration Agreement Is Unenforceable
The plaintiffs then filed an appeal to the First Circuit.
United States
24 Jul 2018
Fifth Circuit Reversed Judgment Compelling Arbitration Because Unsigned Arbitration Agreement Was Invalid
This matter involved a lawsuit brought in Texas federal court by a former employee (Huckaba) against Ref-Chem L.P., alleging sexual harassment
United States
9 Jul 2018
New York Federal Court Denies Cedent's Motion For Reconsideration In Reinsurance Dispute Regarding Expense Provisions
This case was previously reported by us on April 30, 2018. As we previously reported, on March 20, 2018, a New York federal court largely denied the motions for summary judgment of both plaintiff...
United States
13 Jun 2018
The Eleventh Circuit Found No Waiver Of Right To Compel Arbitration Against Unnamed Class Members
Wells Fargo did not file a motion to compel arbitration as to the named class representatives, but instead joined several other banks in filing a motion to dismiss.
United States
12 Jun 2018
Missouri Federal Court Remands Action To State Court Because Missouri Law "Reverse Preempts" The New York Convention Based On The McCarran-Ferguson Act
Foresight Energy, LLC ("Foresight") brought an action in Missouri state court against various domestic and Bermuda and London market insurers for declaratory judgment, breach of contract...
United States
23 May 2018
New York State Court Denies Motion To Enjoin Arbitration Of Non-Party To Arbitration
In this case, Royal Wine Corporation ("Royal") moved for a preliminary injunction in a New York state court action to enjoin an arbitration filed by Cognac Ferrand SAS ("Cognac"), against Mystique Brands, LLC ("Mystique") until the court has resolved the issues raised in Royal's complaint filed against Cognac and Mystique ...
United States
3 May 2018
Ninth Circuit Affirms Montana District Court's Order Confirming Arbitration Award
This case involves an appeal to the Ninth Circuit Court of Appeals by Appellants Schilling Livestock, Inc., Kenneth Schilling and Lesley Schilling (collectively, the "Schillings") ...
United States
8 Feb 2018
Second Circuit Affirms Court's Confirmation Of Multiple Arbitration Awards
This matter involved appeals by appellant Best Made Floors Inc. ("Best Made") from a December 22, 2016 corrected judgment of a district court confirming two arbitration awards in favor of appellees, and from the district court's denial of its motion to vacate a third arbitration award in favor of the appellees
United States
18 Jan 2018
Alabama Federal Court Finds Cedent Did Not Waive Arbitration, And Orders Reinsurance Dispute To Be Arbitrated
Alabama Municipal Insurance Corp. ("AMIC"), an Alabama non-profit public insurer, brought suit in Alabama federal court against Munich Reinsurance America Inc. ("Munich Re"), alleging breach of a reinsurance contract for failing to fully reimburse a settlement of flood claims asserted against an insured city.
United States
4 Oct 2017
Ninth Circuit Affirms Arizona Federal Court's Order Denying Petition To Vacate Arbitration Award As Untimely
The Ninth Circuit ruled that Miner had not acted with due diligence because it admitted that it discovered that information by searching the internet, which was readily available to it during the limitations period.
United States
3 Oct 2017
Pennsylvania Federal Court Grants Motion To Dismiss Based On Lack Of Subject Matter Jurisdiction
Plaintiff RAD Manufacturing, LLC ("RAD"), a Delaware corporation with its principal place of business in Pennsylvania, and its insurer and reinsurer (as subrogees) brought an action in federal court...
United States
23 Aug 2017
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