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Results: 1-10 of 167

Federal Court rules arbitrators lack authority under Federal Arbitration Act to subpoena third-party deposition testimony

  • Locke Lord LLP
  • -
  • USA
  • -
  • October 15 2008

With the proliferation of arbitrations as a method of resolving commercial disputes, greater numbers of companies are receiving requests for information relating to arbitrations in which they are not involved as parties, including for deposition testimony

New York federal court sanctions party for issuing improper nonparty subpoena in arbitration

  • Locke Lord LLP
  • -
  • USA
  • -
  • November 10 2008

In Kenney, Becker LLP, et al. v. Kenney, 2008 U.S. Dist. LEXIS 1995 (S.D.N.Y. 2008), the United States District Court for the Southern District of New York held that a party that issued a nonparty subpoena in an arbitration arising under the Federal Arbitration Act (“FAA”) in bad faith and without the panel’s approval was subject to sanctions under both Rule 45 of the Federal Rules of Civil Procedure and the court’s inherent authority to impose attorneys’ fees

U.S. Supreme Court vacates Court of Appeals' decision applying manifest disregard of the law standard to arbitration award, remands for consideration in light of Hall Street

  • Locke Lord LLP
  • -
  • USA
  • -
  • November 5 2008

In Improv West Associates, et al. v. Comedy Club, Inc. , 514 F.3d 833 (9th Cir. 2007), the U.S. Court of Appeals for the Ninth Circuit vacated an arbitration award on the basis that the arbitrator’s refusal to abide by well-established California law in rendering its decision was in manifest disregard of the law

Second Circuit finds that arbitrators cannot compel pre-hearing document discovery from non-parties under the Federal Arbitration Act

  • Locke Lord LLP
  • -
  • USA
  • -
  • December 3 2008

In a decision that impacts a party’s ability to obtain discovery in arbitrations arising under the Federal Arbitration Act (“FAA”), the U.S. Court of Appeals for the Second Circuit recently held that Section 7 of the FAA does not provide arbitrators with the authority to compel pre-hearing document discovery from non-parties to the arbitration proceeding

Illinois federal court finds that arbitrator cannot compel prehearing depositions of non-parties under the Federal Arbitration Act

  • Locke Lord LLP
  • -
  • USA
  • -
  • December 3 2008

Plaintiffs Matria Healthcare LLC fka Matria Healthcare, Inc. (“Matria”) moved to compel the depositions of Angus M. Duthie and Thomas Hannon, non-parties in an arbitration that was pending before the American Arbitration Association

Insurer’s conduct and communications at mediation are discoverable in subsequent bad faith litigation

  • Locke Lord LLP
  • -
  • USA
  • -
  • November 25 2008

A Washington district court recently held that an insurer's conduct and communications during a mediation were discoverable in a subsequent bad faith lawsuit brought against the insurer by another insurer in its status as the insured's subrogee

Second Circuit court of appeals forces Sarbanes-Oxley whistleblower claim into arbitration

  • Locke Lord LLP
  • -
  • USA
  • -
  • November 13 2008

Employers who view arbitration as an effective alternative for resolving employment-related disputes can find some relief from whistleblower litigation in the Second Circuit's decision in Guyden v. Aetna Inc., 28 I.E.R. Cas. (BNA) 289, 2008 WL 4426478, 2008 U.S. App. Lexis 20783 (2d Cir. Oct. 2, 2008

FINRA announces details of special arbitration procedure for auction rate securities consequential damages

  • Locke Lord LLP
  • -
  • USA
  • -
  • December 31 2008

Each of the regulatory settlements to date with auction rate securities (“ARS”) issuers and brokers has included a provision requiring that the firm consent to a "special arbitration procedure” to deal with investors' consequential damages relating to the sudden illiquidity of ARS

New York federal court finds that arbitrator's resignation due to illness means that arbitration must start over from the beginning

  • Locke Lord LLP
  • -
  • USA
  • -
  • January 9 2009

Insurance Company of North America and INA Reinsurance Company (“INA”) reinsured Public Service Mutual Insurance Company (“PSMIC”) pursuant to a series of excess of loss reinsurance contracts, effective from 1971 to 1986 (the “Reinsurance Contracts”

Did Hall Street eliminate manifest disregard of the law as a valid basis for vacating or modifying arbitration awards? A 2008 summary of conflicting decisions

  • Locke Lord LLP
  • -
  • USA
  • -
  • January 14 2009

This past year we’ve followed the U.S. Supreme Court’s decision in Hall Street Associates, L.L.C. v. Mattel, Inc., No. 06-989 (U.S. Mar. 25, 2008), and whether courts have interpreted it as eliminating the doctrine of manifest disregard of the law, a judicially-created concept that provides parties with a basis for challenging an arbitration award beyond those grounds enumerated in the Federal Arbitration Act (“FAA”