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Results: 1-10 of 497

No independent subject matter jurisdiction under Federal Arbitration Act
  • Jorden Burt LLP
  • USA
  • January 22 2009

Defendant, Sandra R. Sanchez, filed a Rule 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction against the plaintiff, Newton & Associates, LLC


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


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


Stay of premature arbitration did not render subsequent proceedings or award void
  • Jorden Burt LLP
  • USA
  • February 24 2011

Where a court of appeals reversed a lower court's order compelling arbitration, and mandated a stay of ongoing arbitration proceedings, the proceedings conducted in arbitration both before and after the institution of the stay were not void


Civil subpoenas issued by arbitrator against out-of-state nonparties held unenforceable
  • Jorden Burt LLP
  • USA
  • April 18 2012

The Colorado Supreme Court vacated a district court’s order enforcing subpoenas issued by an arbitrator against out-of-state nonparties


Court refuses subject matter jurisdiction to review arbitration award, since the value of the award was less than the court’s jurisdictional amount
  • Jorden Burt LLP
  • USA
  • January 5 2009

A dispute arose between Hansen Beverage Company and DSD Distributors over a distribution agreement


Fee-shifting provision in arbitration clause unenforceable when certain federal statutory rights are at issue
  • Jorden Burt LLP
  • USA
  • September 26 2012

In an employment dispute, a Magistrate Judge issued a Report and Recommendation which broadly interpreted the arbitration provision in an employment agreement in favor of arbitration


Round-up of decisions vacating or confirming arbitration awards
  • Jorden Burt LLP
  • USA
  • October 4 2012

Following is a summary of court decisions, some confirming, others vacating, arbitral awards


Challenging an arbitrator appointment: actual bias vs. potential future bias
  • Jorden Burt LLP
  • USA
  • July 7 2010

In two recent Illinois federal district court cases, Trustmark Insurance Company challenged , with mixed success, the impartiality of a counterparty's selected arbitrator for reinsurance proceedings


Two recent cases address reverse-preemption under the McCarran-Ferguson Act
  • Jorden Burt LLP
  • USA
  • June 2 2009

On March 15, 2007, we reported on an Oklahoma district court’s denial of a motion to compel arbitration, finding that an Oklahoma statute prohibiting enforcement of arbitration clauses in insurance contracts controlled pursuant to the McCarran-Ferguson Act