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Results: 1-10 of 497

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

Arbitration award roundup

  • Jorden Burt LLP
  • -
  • USA
  • -
  • February 27 2013

Following is a summary of selected court opinions addressing requests for confirmation and vacation of arbitration awards. Manifest disregard

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

Court refuses subject matter jurisdiction to review arbitration award, since the value of the award was less than the court’s jurisdictional amount

  • Jorden Burt LLP
  • -
  • USA
  • -
  • January 5 2009

A dispute arose between Hansen Beverage Company and DSD Distributors over a distribution agreement

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

Challenging an arbitrator appointment: actual bias vs. potential future bias

  • Jorden Burt LLP
  • -
  • USA
  • -
  • July 7 2010

In two recent Illinois federal district court cases, Trustmark Insurance Company challenged , with mixed success, the impartiality of a counterparty's selected arbitrator for reinsurance proceedings

Court compels individual arbitration under Concepcion

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

Anna Tractenberg filed a class action suit against Citigroup, Inc. Citigroup moved to compel individual arbitration

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

Court grants petition to confirm foreign arbitral awards, denies motion to seal

  • Jorden Burt LLP
  • -
  • USA
  • -
  • October 16 2012

Century Indemnity Company brought a petition to confirm three foreign arbitral awards it secured against AXA Belgium

If at first you don’t succeed: insurer estopped from compelling arbitration with Magellan Reinsurance

  • Jorden Burt LLP
  • -
  • USA
  • -
  • June 4 2013

Withdrawing its earlier opinion on rehearing, the Texas Court of Appeals held that New Hampshire Insurance Company ("New Hampshire") is judicially