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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.”
Eighth Circuit holds that Hall Street eliminated manifest disregard of law doctrine; affirms arbitration award
- Jorden Burt LLP
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- USA
- -
- July 27 2010
Following an arbitration award and district court confirmation granting Medicine Shoppe International lost future profits and future license fees, defendantsappellants Turner Investments and Donnie Turner (President of Turner Investment) appealed to the Eighth Circuit arguing that the district court erred in confirming the award because the arbitrator showed a manifest disregard for the law
Court compels arbitration, calling unconscionability an issue for the arbitrator
- Jorden Burt LLP
- -
- USA
- -
- August 30 2012
Applying California law and the Federal Arbitration Act, a federal district court ruled that Senior Services of Palm Beach must arbitrate its claims against ABCSP, Inc., a franchising company, pursuant to the arbitration clause of the parties’ franchise agreement
First Circuit holds that Stolt-Nielsen does not set a bright line on class arbitration
- Jorden Burt LLP
- -
- USA
- -
- July 9 2012
An association of franchisees, Fantastic Sams Regional Owners Association (“FSRO”) made a demand for arbitration on behalf of its members against Fantastic Sams Franchise Corporation (“FSFC”
Sixth Circuit vacates arbitration award based upon manifest disregard of law
- Jorden Burt LLP
- -
- USA
- -
- November 24 2008
This procedurally complicated dispute arises out of a franchise agreement for a Coffee Beanery cafe
Current Search
- Workarea - Arbitration
- Workarea - Franchising
- Firm Name - Jorden Burt LLP