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Results: 1-10 of 171

Texas Supreme Court opens the door for patient-provider arbitration clauses
  • Locke Lord LLP
  • USA
  • April 17 2015

The Texas Supreme Court has recently ruled that patient arbitration agreements in Texas generally do not require a signature from the patient's


CFPB determined to rewrite consumer contracts and feed class action lawyers
  • Locke Lord LLP
  • USA
  • October 8 2015

On October 7, the CFPB released an outline of proposed rules that would ban consumer financial services companies from using arbitration clauses to


Third Circuit applies constructive knowledge standard and finds waiver of arbitration panel challenge
  • Locke Lord LLP
  • USA
  • September 30 2015

The U.S. Court of Appeals for the Third Circuit has found that post-award objections to an arbitrator were waived because the party had constructive


National Labor Relations Board rules mandatory class action waivers by employees violate federal labor law
  • Locke Lord LLP
  • USA
  • January 11 2012

The National Labor Relations Board has issued its decision in D.R. Horton, Inc. and Michael Cuda, holding that mandatory arbitration agreements violate federal labor law when they require employees, including non-union employees, to waive their right to pursue employment-related class action or collective action claims


Internal appeals of arbitration awards in reinsurance disputes
  • Locke Lord LLP
  • USA
  • June 6 2012

Arbitration has long been the preferred method for resolving reinsurance disputes


The Supreme Court rules that courts must honor an arbitrator’s construction of contractual language in favor of class arbitration, “however good, bad, or ugly”
  • Locke Lord LLP
  • USA
  • June 14 2013

In Oxford Health Plans LLC v. Sutter, 569 U.S. ____ (2013), the Supreme Court all but ordered the federal courts to not decide whether one person can


Silence has a price - DC court holds refusal to abide by international arbitration without justification
  • Locke Lord LLP
  • USA
  • April 3 2013

Anecdotal evidence indicates that the vast majority of international arbitration awards are paid voluntarily. For example, a 2008 study conducted by


New York releases proposed amendment to Regulation No. 20 relaxing collateral requirements for unauthorized reinsurers and prohibiting arbitration
  • Locke Lord LLP
  • USA
  • February 2 2009

On December 24, 2008, the New York State Insurance Department (“NYSID”) released Proposed Tenth Amendment to Regulation No. 20 (11 NYCRR 125) Credit for Reinsurance from Unauthorized Reinsurers (the “Proposal”


Massachusetts federal court addresses manifest disregard of the law standard, finds that panel’s decision to limit discovery and witness testimony did not provide a basis to vacate award
  • Locke Lord LLP
  • USA
  • January 21 2011

In OneBeacon America Insurance Co. v. Swiss Reinsurance America Corporation, 09-CV-11495-PBS (D.Mass. December 23, 2010), a motion was brought by petitioner OneBeacon to vacate an arbitration award on the basis that the arbitrators were guilty of misconduct for refusing to permit necessary discovery and hear certain evidence


Supreme Court enforces arbitration agreement requiring the arbitrator to decide whether the arbitration agreement is enforceable
  • Locke Lord LLP
  • USA
  • July 22 2010

On June 21, 2010, in a 5-4 decision, the Supreme Court enforced a provision in an arbitration agreement that required the arbitrator to decide the question of whether the agreement was unconscionable