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Searching Content indexed under Litigation, Mediation & Arbitration by Jason R. Brost ordered by Published Date Descending.
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1
Florida Court Finds That Arbitration Agreement Broadening Judicial Review Violates Florida Public Policy
In a lawsuit brought by a contractor against a subcontractor and its insurer, Florida's Fourth District Court of Appeals found a provision in an arbitration agreement allowing for a broad ranging review of any arbitration award to be void as a matter of law and policy.
United States
12 Dec 2018
2
Eleventh Circuit Finds That Arbitration Clause In One Agreement Applies To Disputes Regarding A Related Agreement
Does an arbitration clause in a one but not the other of two contracts executed by the same parties at the same time apply to a dispute regarding the contract that does not contain the arbitration clause?
United States
26 Nov 2018
3
District Court Finds That The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards Is Not Preempted By State Law Prohibiting Arbitration Of Insurance Disputes
A district court judge in the U.S. District Court for the Eastern District of Louisiana has issued an order attempting to resolve the apparent tension ...
United States
23 Nov 2018
4
UK Court Considers Whether Payment Of Insurance Claim Violates Iran Sanctions
The insurer argued that paying this claim would expose it to sanctions based on US sanctions barring the provision of services to Iran.
Worldwide
5 Nov 2018
5
Contract Claims Dismissed Against Reinsurers And Reinsurance Service Providers, But Negligence Claim Against Service Providers Allowed To Go Forward
Vantage, the plaintiff, had purchased insurance from Assured Risk Transfer (ART) against the risk that a company to which Vantage had loaned $22 million would default.
United States
24 Sep 2018
6
Fifth Circuit Finds That Arbitrator Exceeds Authority In Reforming Contract For Mutual Mistake
The Fifth Circuit has affirmed a district court's ruling vacating an arbitrator's decision reforming a contract for mutual mistake, finding that reformation ...
United States
24 Sep 2018
7
Insurance Broker Must, At Its Own Expense, Produce Documents Requested By Subpoena Issued In Dispute Between Workers' Compensation Insurer And Its Insureds
A district judge in the Eastern District of California has ordered a third-party insurance broker to comply with a subpoena from defendants seeking documents related to that broker's sale of
United States
11 Sep 2018
9
New Jersey Tax Court Finds That Companies For Which New Jersey Is The Home State Must Pay Taxes On All Premiums Paid To Captive Insurers For U.S. Based Risks.
A tax court judge in New Jersey has handed Johnson & Johnson (J&J), and likely other New Jersey-based businesses that operate captive insurers, a significant loss in an opinion interpreting...
United States
15 Aug 2018
10
Court Finds That Apparently Inconsistent Forum Selection Provisions Do Not Render Arbitration Agreement Unenforceable
Plaintiff Fintech Fund, FLP filed an action in federal court in the Southern District of Texas asserting claims under the federal Defend Trade Secrets Act and the Computer Fraud and Abuse Act ...
United States
13 Aug 2018
11
Northern District Of New York Allows Evidence That Follow The Fortunes Or Follow The Settlements Provision Could Be Implied In Facultative Reinsurance Certificates
The court also considered Munich's motion to preclude certain testimony by Utica's expert witnesses regarding trade usage and custom and practice in the reinsurance industry.
United States
18 Jul 2018
12
Eleventh Circuit Finds Defendant Can't Use Unsigned Consent To Receive Text Messages To Compel Arbitration Of TCPA Claim
Hope Gamble sued New England Auto Finance, Inc. (NEAF) in federal court under the Telephone Consumer Protection Act (TCPA).
United States
2 Jul 2018
13
Eleventh Circuit Finds Defendant Can't Use Unsigned Consent To Receive Text Messages To Compel Arbitration Of TCPA Claim
Hope Gamble sued New England Auto Finance, Inc. in federal court under the Telephone Consumer Protection Act
United States
27 Jun 2018
14
Fifth Circuit Allows Non-Signatories To Enforce Arbitration Agreement
The Fifth Circuit has affirmed an order compelling arbitration, despite the fact that the parties seeking to compel arbitration were not signatories to the relevant arbitration agreement.
United States
5 Jun 2018
15
Food For Thought: A Review Of 2017 Litigation
Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry.
United States
29 May 2018
16
Court Of Appeal Of England And Wales Finds That Party's Forgery Of Documents In Connection With A Transaction Does Not Bar Confirmation Of Arbitration Award
The Court of Appeal of England and Wales has rejected a challenge to an arbitration award issued by the China International Trade Arbitration Commission ...
UK
17 May 2018
17
Arbitrator's Decision Not Based On Manifest Disregard Of The Law, But Challenge To That Decision Was Not So Meritless As To Warrant Sanctions
Jonathan Kessler brought a claim in arbitration against his former employer, Kent Building Services, after he was fired from his job as Kent's president, asserting that he had not been fired...
United States
25 Apr 2018
18
Sixth Circuit Finds That Compelling Arbitration Does Not Impair State Interest In Exclusive Jurisdiction Over Matter Already Removed To Federal Court
The case arose out of the insolvency of the Kentucky Health Co-op, a non-profit health insurance company.
United States
6 Apr 2018
19
Second Circuit Rejects Manifest Disregard Of Law As A Basis For Vacating An Arbitration Award
A panel of the Second Circuit has, in an unpublished summary order, emphasized the high bar that must be cleared by a party seeking to vacate an arbitration award.
United States
15 Mar 2018
20
Federal Court Denies Reinsurer's Post-Trial Motions In Long-Running Dispute Which Resulted In A Verdict In Its Cedent's Favor
The court found that such a reconsideration of the jury's factual findings was beyond its authority under Rule 60, and it denied the motion.
United States
14 Mar 2018
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