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Oxford Health Plans v. Sutter - the perils of choosing an arbitrator to resolve potential "gateway matters"

Baker & Hostetler LLP
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USA
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June 11 2013

A unanimous Supreme Court held on Monday that when a party agrees that an arbitrator should decide if an agreement authorizes class arbitration, that

Patent watch: Sanofi-Aventis Deutschland GMBH v. Genentech, Inc.

Baker & Hostetler LLP
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USA
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May 16 2013

U.S. courts have the power to enjoin parties from pursuing litigation before foreign tribunals. "In evaluating a request for an anti-suit

Supreme Court hears AMEX class arbitration case

Baker & Hostetler LLP
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USA
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March 14 2013

The Supreme Court recently heard argument in American Express Co. v. Italian Colors Restaurant, No. 12-133. The case stems from the Second Circuit's

Eighth Circuit rules equitable estoppel doctrine cannot be used to compel non-signatories to an arbitration agreement into arbitration

Baker & Hostetler LLP
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USA
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March 11 2013

Arbitration in the context of antitrust class action litigation continues to be a front and center issue for the federal appeals courts. (See this

Class action waivers and arbitration agreements - justices divided on validity of effective vindication of rights analysis in AMEX oral argument

Baker & Hostetler LLP
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USA
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March 5 2013

The U.S. Supreme Court heard the much anticipated oral argument in American Express Co. v. Italian Colors Restaurant on February 27, 2013. The issue

California appellate court orders arbitration and rules that claims may not proceed on behalf of a class plaintiff in Macy's OT action gets what she bargained for

Baker & Hostetler LLP
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USA
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January 31 2013

A recent decision from a California Court of Appeals reflects a growing, if at times reluctant, acceptance by California courts of employment

U.S. Supreme Court considers arbitration clauses and class actions next year

Baker & Hostetler LLP
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USA
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December 19 2012

The Supreme Court recently granted certiorari to consider Oxford Health Plans' appeal of a ruling compelling class arbitration with its providers over the insurer's payment practices

Courts continue to wrestle with arbitration issues

Baker & Hostetler LLP
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USA
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December 17 2012

Decades ago, Congress passed the Federal Arbitration Act to combat the hostility courts showed towards arbitration agreements

Arbitrators, not judges, must decide whether noncompetes are enforceable if there is an arbitration clause, says U.S. Supreme Court

Baker & Hostetler LLP
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USA
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December 5 2012

On November 26, 2012, the United States Supreme Court held that the enforceability of a noncompete agreement containing a valid arbitration clause must be determined by an arbitrator in the first instance, not by a federal or state court

Third Circuit warns against belated arbitration demands

Baker & Hostetler LLP
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USA
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December 5 2012

Parties should not “use federal court proceedings to test the water before taking an arbitration swim,” the Third Circuit recently cautioned when overturning an Eastern District of Pennsylvania’s decision granting a motion to compel arbitration

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