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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

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

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

Court rules Nebraska arbitration law reverse-preempts the Federal Arbitration Act pursuant to the McCarran-Ferguson Act

  • Jorden Burt LLP
  • -
  • USA
  • -
  • February 4 2010

Along with an insurance policy, the parties previously entered into an administration agreement that obligated the defendant to reimburse the plaintiff for claims made under extended warranty contracts

Arbitrability: a “gateway issue” for the courts or a question of procedure for the AAA?

  • Jorden Burt LLP
  • -
  • USA
  • -
  • September 13 2012

In an action by a pharmacy franchisor to stay franchisees’ collective arbitration claims filed with the American Arbitration Association and to compel individual arbitrations, the Eastern District of Missouri granted the franchisees’ motion to dismiss based on lack of subject matter jurisdiction, relying heavily on both contract interpretation and the Federal Arbitration Act, which states that agreements to arbitrate “shall be valid, irrevocable, and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract.”

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

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

Ninth Circuit addresses doctrine of functus officio

  • Jorden Burt LLP
  • -
  • USA
  • -
  • August 11 2009

Last month, the Ninth Circuit Court of Appeals reviewed an arbitration panel’s awards against Leonard Bosack and Sandy Lerner, founders of Cisco Systems

Arbitration decision update

  • Jorden Burt LLP
  • -
  • USA
  • -
  • July 14 2011

Manifest Disregard: Turkey Run Properties, L.P. v. Air Structures Worldwide, Ltd., Case No. 4:09-cv-00217 (USDC M.D. Pa. June 22, 2011) (denying motion to vacate arbitration award; holding no manifest disregard; rejecting claim that award was “moot or impossible to follow” as grounds for vacatur

Fee-shifting provision in arbitration clause unenforceable when certain federal statutory rights are at issue

  • Jorden Burt LLP
  • -
  • USA
  • -
  • September 26 2012

In an employment dispute, a Magistrate Judge issued a Report and Recommendation which broadly interpreted the arbitration provision in an employment agreement in favor of arbitration