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Results: 1-10 of 497

Unavailability of a designated arbitration forum does not provide an impossibility defense

  • Jorden Burt LLP
  • -
  • USA
  • -
  • February 13 2013

On appeal, a circuit court's denial of a motion to compel arbitration was reversed for several reasons. First, the circuit court erred by allowing

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

Fourth Circuit reverses order denying motion to compel arbitration based on waiver, applying FAA rather than state law

  • Jorden Burt LLP
  • -
  • USA
  • -
  • January 15 2013

In a recent opinion, the Fourth Circuit reversed a district court order denying a motion to compel non-class arbitration. The district court applied

Equitable estoppel cannot compel arbitration against non-signatories where claims were based on statute and not contract

  • Jorden Burt LLP
  • -
  • USA
  • -
  • March 12 2013

In a putative class anti-trust action brought by retail grocers against wholesale grocers, a divided panel of the Eighth Circuit recently reversed

Sealing arbitration awards: contractual confidentiality obligations versus the presumption of public access

  • Jorden Burt LLP
  • -
  • USA
  • -
  • August 10 2009

Arbitration benefits the public by freeing judicial resources

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

Manifest disregardevident partiality

  • Jorden Burt LLP
  • -
  • USA
  • -
  • September 12 2012

Denying fundraiser’s motion to vacate $8 million award in favor of former client environmental advocates

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

Court refuses to compel arbitration absent sufficient proof that plaintiff was bound by arbitration clause

  • Jorden Burt LLP
  • -
  • USA
  • -
  • October 13 2011

Plaintiff brought a putative class action lawsuit alleging violations of the Telephone Consumer Protection Act of 1991

Appeal dismissed in Northwestern NationalInsco reinsurance dispute

  • Jorden Burt LLP
  • -
  • USA
  • -
  • December 11 2012

The Second Circuit has dismissed an appeal arising from a reinsurance dispute between Northwestern National Insurance Company and Insco, Ltd