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Arbitrator’s discovery order not subject to judicial review until after award
- Jenner & Block
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- USA
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- April 19 2013
Addressing what it described as an issue of first impression nationally, the Illinois Appellate Court held that a dispute over an arbitrator's
Insurance disputes held to be not subject to arbitration
- Jenner & Block
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- USA
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- April 19 2013
The Washington State Supreme Court upheld the lower court's denial of a motion to compel arbitration of an insurance coverage dispute on grounds that
Federal common law determines the definition of “arbitration.”
- Jenner & Block
- -
- USA
- -
- April 19 2013
The Second Circuit held that the meaning of "arbitration" under the Federal Arbitration Act is governed by federal common law, not state law, thus
Supreme Court to address enforcing class arbitration absent express provision
- Jenner & Block
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- USA
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- March 13 2013
The U.S. Supreme Court has granted certiorari to address the issue of whether arbitrators act within their powers under the Federal Arbitration Act
But another court disagrees, even when both sides consent to arbitration
- Jenner & Block
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- USA
- -
- March 13 2013
A federal district court denied a joint motion of the parties to refer a FLSA matter to arbitration, concluding that the legislative policy favoring
Arbitration clauses signed under duress are not enforceable in FLSA cases
- Jenner & Block
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- USA
- -
- March 13 2013
A federal district court refused to enforce arbitration agreements that were entered while FLSA litigation already was pending, in which employees
8th Cir: arbitration clauses with class action waivers enforceable in FLSA cases
- Jenner & Block
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- USA
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- March 13 2013
The Eighth Circuit held that arbitration agreements containing class waivers are enforceable in claims brought under the Fair Labor Standards Act
Arbitration clause survives termination of underlying contract
- Jenner & Block
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- USA
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- March 13 2013
In Hodsdon v. DirecTV, LLC,No. C 12-02827 (N.D. Cal. Nov. 8, 2012), the court rejected an argument by consumers bringing a class action in court that
Delegation agreement as to enforceability of arbitration clause is upheld
- Jenner & Block
- -
- USA
- -
- March 13 2013
In Kuehn v. Citibank, N.A., No. 12 Civ. 3287 (S.D.N.Y. Dec. 6, 2012), the Southern District of New York upheld an arbitration clause that provided
Court may not appoint excessive number of arbitrators
- Jenner & Block
- -
- USA
- -
- February 14 2013
A court may intervene and exercise appointment power when the parties are unable to agree to the selection of an arbitrator, but the court may not
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