We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 1,254

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

TILA disclosures must be “clear and conspicuous”

  • Jorden Burt LLP
  • -
  • USA
  • -
  • September 7 2009

In Barrer v. Chase Bank USA, the Ninth Circuit recently explained that disclosures in credit card agreements must be “clear and conspicuous” to comply with the Truth in Lending Act

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

Reading teleology leaves: “condominium” exclusion does not apply to unsold apartment

  • Jorden Burt LLP
  • -
  • USA
  • -
  • February 14 2013

As every lawyer knows, Aristotle distinguished four types of explanation, or "cause," for natural phenomena. The "final cause" is "that for the sake

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

In faulty workmanship cases, insuring clause dogs are wagged by exclusion tails

  • Jorden Burt LLP
  • -
  • USA
  • -
  • April 1 2013

In Greystone Const., Inc. v. National Fire & Marine Ins. Co., 661 F.3d 1272, 1289 (10th Cir. 2011), the U.S. Court of Appeals for the Tenth Circuit

Class action settlement preliminarily approved in reinsurance kickback scheme involving Countrywide mortgage lender

  • Jorden Burt LLP
  • -
  • USA
  • -
  • April 7 2011

A court has granted preliminary approval to a nationwide class action settlement in an action brought by homebuyers against Countrywide Financial Corporation, Countrywide Home Loans and Balboa Reinsurance Company for alleged violations of the Real Estate Settlement Procedures Act

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

What duty does a primary insurer owe to an excess carrier?

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

A primary liability carrier usually owes no duty to excess insurers, even though those insurers bear the cost of excess judgments. If the primary

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