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Results: 1-10 of 89

Participation in mediation insufficient to compel non-signatory to arbitrate

  • Jenner & Block
  • -
  • USA
  • -
  • November 24 2014

An insurer that was a non-signatory to an arbitration agreement between other insurers and the insured was not equitably bound to arbitrate when it

Use of website insufficient to bind consumer class to arbitration clause.

  • Jenner & Block
  • -
  • USA
  • -
  • November 24 2014

Consumers' mere use of a retailer's website was held insufficient to bind them to an arbitration clause contained in a "terms of use" hyperlink on

Arbitration clause was insufficient because no notice of waiver of right to sue

  • Jenner & Block
  • -
  • USA
  • -
  • November 24 2014

The failure of an arbitration clause to notify a plaintiff consumer that, by entering into the agreement, she was surrendering her right to seek

Arbitration clause contained in warranty booklet insufficient to bind consumers

  • Jenner & Block
  • -
  • USA
  • -
  • November 24 2014

Inconspicuous placement of arbitration provisions in a cell phone's warranty booklet was held insufficient to inform consumers about the proposal to

裁判地選択条項仲裁条項に優先する

  • Jenner & Block
  • -
  • USA
  • -
  • November 19 2014

当事者間の契約における裁判地選択条項がメンバー シップ規則に含まれていた既存の仲裁条項に優先す ると判断されたGoldman, Sachs & Co. v. Golden Empire Sch. Fin. Auth., Nos. 13-797-cv, 13-2247-cv, (2d Cir

後に参加した被告は仲裁の権利を放棄していないと 判示

  • Jenner & Block
  • -
  • USA
  • -
  • November 19 2014

継続中の訴訟に参加した被告は他の共同被告の行為 にもかかわらず仲裁の権利を放棄していないと判 断されたAl Rushaid v. Nat'l Oilwell Varco, Inc

Availability of classwide arbitration is “gateway” issue for court to decide

  • Jenner & Block
  • -
  • USA
  • -
  • October 15 2014

In Opalinski v. Robert Half International Inc., 761 F.3d 326 (3d Cir. 2014) (No. 12-4444), the Third Circuit determined that a court, rather than an

Later-added defendant held not to have waived right to arbitration

  • Jenner & Block
  • -
  • USA
  • -
  • October 15 2014

A defendant who was joined to ongoing litigation was held not to have waived its right to arbitration, notwithstanding the actions of its

Forum selection clause overrides arbitration clause

  • Jenner & Block
  • -
  • USA
  • -
  • October 15 2014

A forum selection clause in the parties' contract was held to supersede a pre-existing arbitration clause contained in the parties' membership rules

Order remanding a case to arbitration panel for clarification is not appealable

  • Jenner & Block
  • -
  • USA
  • -
  • October 15 2014

A district court's order remanding a case to the arbitration panel for clarification of an arbitration award is not a final order and, therefore, not