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Results: 1-10 of 497

Fifth Circuit reverses finds arbitrator’s adverse inference protected employee’s interests

  • Jorden Burt LLP
  • -
  • USA
  • -
  • May 6 2010

In a suit arising out of alleged employment discrimination, Dillard’s Inc. appealed the district court’s decision to vacate an arbitration award to the Fifth Circuit Court of Appeals

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

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

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

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

Second Circuit grants motion to stay pending appeal of decision vacating order that an arbitration must commence anew

  • Jorden Burt LLP
  • -
  • USA
  • -
  • April 15 2010

On August 3, 2009, we reported on a district court vacating its prior order that the arbitration must commence anew and reappointing an arbitrator to the panel after the arbitrator's health improved

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 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

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

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