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Results: 1-10 of 497

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


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


Arbitration decision update
  • Jorden Burt LLP
  • USA
  • July 14 2011

Manifest Disregard: Turkey Run Properties, L.P. v. Air Structures Worldwide, Ltd., Case No. 4:09-cv-00217 (USDC M.D. Pa. June 22, 2011) (denying motion to vacate arbitration award; holding no manifest disregard; rejecting claim that award was “moot or impossible to follow” as grounds for vacatur


Plaintiff sues arbitrator, AAA for due process violations
  • Jorden Burt LLP
  • USA
  • June 28 2011

The present action before the US District Court in Nevada arose from a dispute between Dr. Ronald Slaughter and Laboratory Medicine Consultants regarding a stockholder agreement


11th Circuit rules bank customers must arbitrate class action overdraft claims
  • Jorden Burt LLP
  • USA
  • June 4 2012

The 11th Circuit Court recently ruled in Buffington v. SunTrust Banks (In Re Checking Account Overdraft MDL) that SunTrust Bank account holders must arbitrate claims against it for excessive overdraft fees


Federal court of appeal announces review standard applicable to rulings on motions to stay lawsuits pending arbitration
  • Jorden Burt LLP
  • USA
  • April 18 2010

In a case of first impression at the federal appellate level, the First Circuit, in Powershare, Inc. v. Syntel, Inc., 597 F.3d 10 (1st Cir. Mar. 1, 2010), held that the appropriate standard of review to be utilized by a District Judge when reviewing a Magistrate Judge’s disposition of a motion to stay litigation pending the completion of a parallel arbitration proceeding is the clearly erroneous standard


Arbitration award roundup
  • Jorden Burt LLP
  • USA
  • February 27 2013

Following is a summary of selected court opinions addressing requests for confirmation and vacation of arbitration awards. Manifest disregard


Court of Appeal affirms vacation of arbitration award on grounds of arbitrator’s evident partiality
  • Jorden Burt LLP
  • USA
  • June 3 2013

Thomas Kinkade Company's suit against Nancy and David White was submitted to an arbitration proceeding in which, as the Sixth Circuit noted, "the


If at first you don’t succeed: insurer estopped from compelling arbitration with Magellan Reinsurance
  • Jorden Burt LLP
  • USA
  • June 4 2013

Withdrawing its earlier opinion on rehearing, the Texas Court of Appeals held that New Hampshire Insurance Company ("New Hampshire") is judicially


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