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Results: 1-10 of 497

Federal court of appeal announces review standard applicable to rulings on motions to stay lawsuits pending arbitration

  • Jorden Burt LLP
  • -
  • USA
  • -
  • April 18 2010

In a case of first impression at the federal appellate level, the First Circuit, in Powershare, Inc. v. Syntel, Inc., 597 F.3d 10 (1st Cir. Mar. 1, 2010), held that the appropriate standard of review to be utilized by a District Judge when reviewing a Magistrate Judge’s disposition of a motion to stay litigation pending the completion of a parallel arbitration proceeding is the clearly erroneous standard

Revisiting AT&T v. Concepcion: can you hear me now?

  • Jorden Burt LLP
  • -
  • USA
  • -
  • April 6 2012

Approaching the one-year anniversary of the U.S. Supreme Court’s decision in AT & T Mobility, LLC v. Concepcion, --- U.S. ---, 131 S. Ct. 1740, 179 L. Ed. 2d 742 (2011), it is noteworthy that the Court has felt it necessary to reiterate its holding, as courts have interpreted it more narrowly than was intended

Civil subpoenas issued by arbitrator against out-of-state nonparties held unenforceable

  • Jorden Burt LLP
  • -
  • USA
  • -
  • April 18 2012

The Colorado Supreme Court vacated a district court’s order enforcing subpoenas issued by an arbitrator against out-of-state nonparties

Federal judges in Brooklyn are making it easier to pursue fraud claims against no-fault medical providers

  • Jorden Burt LLP
  • -
  • USA
  • -
  • May 8 2013

The Eastern District of New York, which includes the New York City Boroughs of Brooklyn and Queens, has been home to some of the most colorful

Ninth Circuit holds that malicious prosecution and abuse of process claims are arbitrable

  • Jorden Burt LLP
  • -
  • USA
  • -
  • December 5 2012

The Ninth Circuit affirmed the district court’s grant of the motion to compel arbitration of defendant’s malicious prosecution and abuse of process claims against plaintiff that arose from a previous arbitration

Recent decisions on confirmation of arbitration awards

  • Jorden Burt LLP
  • -
  • USA
  • -
  • February 24 2010

This post summarizes the salient issues and key points of recent decisions on arbitration awards

Seventh Circuit court brings down curtain on pre-award challenge to arbitrator partiality

  • Jorden Burt LLP
  • -
  • USA
  • -
  • February 8 2011

What happens when an arbitrator is asked to further arbitrate an alleged fraud committed in a prior arbitration in which the same arbitrator presided?

Roundup of federal decisions on motions to compel arbitration

  • Jorden Burt LLP
  • -
  • USA
  • -
  • September 7 2012

Authenment, III v. Ingram Barge Co., Case No. 10-2107 (USDC E.D. La. July 13, 2012) (granting West of England Shipowner’s Mutual’s motion to stay pending arbitration in a case initially brought against West of England’s insured, notwithstanding that plaintiff was non-signatory to arbitration agreement; holding that Convention on the Recognition and Enforcement of Foreign Arbitral Awards supersedes Louisiana’s statute prohibiting arbitration agreements in insurance contracts

No res judicata effect for unconfirmed arbitration award

  • Jorden Burt LLP
  • -
  • USA
  • -
  • May 31 2012

The Greers entered into a contract with Town Construction for construction of their home

Appellate court remands to compel arbitration under “delegation provision”

  • Jorden Burt LLP
  • -
  • USA
  • -
  • May 14 2012

Plaintiff sued her bank in Florida federal court for the manner in which she was charged overdraft fees