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Results: 1-10 of 68

Defendant waived arbitration rights by failing to assert affirmative defense
  • Katten Muchin Rosenman LLP
  • USA
  • February 20 2009

Customers of NECC Telecom (NECC), a telephone service provider, brought an action against NECC asserting, among other things, violations of the Federal Communications Act of 1934 and the Federal Communications Commission's Truth-in-Billing Act


Second Circuit holds mandatory broker dealer arbitration not available to non-customer
  • Katten Muchin Rosenman LLP
  • USA
  • May 30 2014

On May 15, the US Court of Appeals for the Second Circuit issued a summary order in a closely watched case regarding the circumstances in which a


Arbitration clause in one agreement governed dispute under related agreement
  • Katten Muchin Rosenman LLP
  • USA
  • March 7 2008

Plaintiff sued defendants for, among other things, securities fraud in connection with its purchase of an unregistered security in one of the defendant limited liability companies (LLC


Idaho district court holds that arbitration requirement is subject to limited judicial review
  • Katten Muchin Rosenman LLP
  • USA
  • May 4 2012

The United States District Court for the District of Idaho held that, under Ninth Circuit law, an arbitration award is judicially reviewable under the Federal Arbitration Act even where the arbitration agreement at issue contained language describing the arbitrator’s award as “final and binding” and not subject to appeal


Delaware Court of Chancery holds forum selection clause trumps prior-filed action doctrine
  • Katten Muchin Rosenman LLP
  • USA
  • May 1 2015

The Delaware Court of Chancery recently upheld a non-exclusive forum selection clause and denied a motion to dismiss despite a prior-filed action


Recent developments for litigation risk mitigation: the U.S. Supreme Court’s prescription
  • Katten Muchin Rosenman LLP
  • USA
  • February 4 2014

Over the past three years, since mid-2010, the Supreme Court has handed down a series of related decisions that, taken together, constitute an


Eleventh Circuit affirms arbitration dismissal in favor of investor’s estate in clawback suit
  • Katten Muchin Rosenman LLP
  • USA
  • February 16 2015

The receiver of hedge funds that were part of a $168 million Ponzi scheme was unable to vacate an arbitration award denying clawback claims brought


District court rules that individual LLC member is third-party beneficiary and bound by arbitration agreement
  • Katten Muchin Rosenman LLP
  • USA
  • December 21 2012

The US District Court for the Southern District of Florida confirmed that third-party beneficiaries of a contract containing an arbitration clause may be


Second Circuit finds that petition to compel arbitration cannot be voluntarily dismissed
  • Katten Muchin Rosenman LLP
  • USA
  • August 3 2012

The U.S. Court of Appeals for the Second Circuit affirmed the Southern District of New York’s vacatur of a petitioner’s voluntary notice of dismissal of a petition to compel arbitration


Third Circuit finds Delaware Chancery’s arbitration program unconstitutional
  • Katten Muchin Rosenman LLP
  • USA
  • November 15 2013

A three-judge panel of the US Court of Appeals for the Third Circuit recently affirmed an injunction against the Delaware Court of Chancery's