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Results: 1-10 of 36

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

Recent developments for litigation risk mitigation: the U.S. Supreme Court’s prescription

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • February 4 2014

Over the past three years, since mid-2010, the Supreme Court has handed down a series of related decisions that, taken together, constitute an

US Supreme Court defers to arbitrator’s decision to allow class arbitration in healthcare action

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • June 21 2013

The US Supreme Court affirmed a ruling by the US Court of Appeals for the Third Circuit upholding an arbitrator's decision that a contract provided

Third party may not compel signatories to an arbitration agreement

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • May 7 2010

The U.S. Court of Appeals for the Second Circuit reversed a district court’s grant of individual co-defendants’ motion to dismiss and to compel arbitration between plaintiff and entity co-defendant, on the grounds that the movants (1) were non-signatories to the Fulfillment Agreement between plaintiff and entity co-defendant which contained the arbitration provision they were attempting to enforce, and (2) had explicitly disclaimed any right to participate in the arbitration they were seeking to compel

Court finds arbitration clauses cell phone contracts do not apply to collection agency

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • August 19 2011

Customers who had signed cell phone contracts with Verizon and AT&T, brought a class action against the collection agency that the phone companies hired to collect unpaid fees and charges

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 finds that petition to compel arbitration cannot be voluntarily dismissed

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • August 3 2012

The U.S. Court of Appeals for the Second Circuit affirmed the Southern District of New York’s vacatur of a petitioner’s voluntary notice of dismissal of a petition to compel arbitration

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

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