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Results: 1-10 of 36

State law governs determination of whether non-signatory can be compelled to arbitrate

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • March 26 2010

The Fifth Circuit Court of Appeals has reversed and remanded a ruling by a district court that an injured worker could not be compelled to arbitrate against his former employer's insurer

Defendant waived arbitration rights by failing to assert affirmative defense

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • February 20 2009

Customers of NECC Telecom (NECC), a telephone service provider, brought an action against NECC asserting, among other things, violations of the Federal Communications Act of 1934 and the Federal Communications Commission's Truth-in-Billing Act

Second Circuit holds mandatory broker dealer arbitration not available to non-customer

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • May 30 2014

On May 15, the US Court of Appeals for the Second Circuit issued a summary order in a closely watched case regarding the circumstances in which a

Arbitrator must determine applicable law and venue

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • October 26 2007

In a dispute between the parties to an agreement containing a broad arbitration clause, the district court determined that disputes regarding the applicable law and venue for the arbitration were matters for the arbitrator to decide, and, accordingly, dismissed the plaintiff’s lawsuit seeking a declaration that the arbitration must proceed in Virginia under Virginia law

District court rules that individual LLC member is third-party beneficiary and bound by arbitration agreement

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • December 21 2012

The US District Court for the Southern District of Florida confirmed that third-party beneficiaries of a contract containing an arbitration clause may be

SEC approves FINRA’s request to increase the number of arbitrators on NLSS lists

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • July 16 2010

The Securities and Exchange Commission has approved a Financial Industry Regulatory Authority rule proposal to increase the number of arbitrators on lists generated by the "Neutral List Selection System," a computer system that generates random lists of arbitrators from FINRA's roster of arbitrators for arbitration cases

Contractual right to arbitration forfeited by refusal to respond to discovery requests

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • March 27 2009

A federal district court denied defendants’ motion to compel arbitration of a contractual dispute pursuant to the contract’s mandatory arbitration clause where the same defendants had defaulted in an arbitration proceeding commenced by plaintiffs two years ago involving the same dispute

SEC considers arbitration policy

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • April 20 2007

On April 16, the Wall Street Journal reported that the Securities and Exchange Commission is currently exploring a new policy that would permit companies to resolve shareholder complaints through arbitration, presumably limiting class actions

Arbitration award based on contract provision not addressed by parties upheld

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • January 9 2009

Plaintiff, a vice president of sales and marketing, commenced an arbitration against his employer (i2) alleging that i2 had failed to pay him approximately $2.7 million in sales commissions due under his Account Manager Compensation Plan (the Contract

Late service provides basis for denial of motion to vacate arbitration award

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • July 2 2009

A federal court has denied a motion to vacate an arbitration award where notice of the motion was served four days after the statutory period for such service