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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 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


Courts lack jurisdiction to review determinations by arbitration panels under the Railway Labor Act
  • Katten Muchin Rosenman LLP
  • USA
  • February 10 2012

The U.S. Court of Appeals for the Fifth Circuit recently held that collective bargaining agreements cannot provide for judicial review of the Railway Labor Act’s (RLA) exclusive and mandatory dispute resolution process


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


Arbitration provision upheld despite competing agreements
  • Katten Muchin Rosenman LLP
  • USA
  • October 2 2009

The District Court for the Western District of Pennsylvania compelled arbitration of investors’ claims based on an arbitration provision in subscription agreements despite the fact that the limited partnership agreement, which included an integration clause, contained no arbitration clause


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


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


SEC approves new FINRA Rule permitting arbitrators to refer serious matters during arbitration proceedings
  • Katten Muchin Rosenman LLP
  • USA
  • November 2 2014

The Securities and Exchange Commission approved a new rule of the Financial Industry Regulatory Authority that permits an arbitrator, during the


Delaware Chancery Court upholds arbitration clause in employment agreement
  • Katten Muchin Rosenman LLP
  • USA
  • March 2 2012

The Delaware Court of Chancery dismissed several claims in a contract dispute between an employer and its former employee, holding that those claims were subject to the arbitration clause in an employment agreement between the parties


Second Circuit holds contractual forum selection clause supersedes FINRA mandatory arbitration rule
  • Katten Muchin Rosenman LLP
  • USA
  • August 29 2014

On August 21, the US Court of Appeals for the Second Circuit decided two closely watched appeals regarding the intersection of Financial Industry