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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

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

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 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

Supreme Court torpedoes class arbitration under silent clause

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

In a 5-3 decision, the US Supreme Court struck a major blow against class action arbitrations where the arbitration clause is "silent" as to whether the parties intended to allow class arbitration

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

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

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

Second and Third Circuits disagree on procedure for implementing Stolt-Nielsen holding and class arbitration waivers

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

The Second and Third Circuit Courts of Appeal recently issued conflicting opinions on the enforceability of class arbitration waivers

Motion to dismiss claim for breach of confidentiality agreement in reinsurance arbitration denied

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

INA Reinsurance recently moved to dismiss or to stay an action initiated by Utica Mutual Insurance arising out of the alleged breach of three confidentiality agreements, including one entered as an order in the parties’ pending reinsurance arbitration