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Results: 1-10 of 497

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


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


Recent decisions on confirmation of arbitration awards
  • Jorden Burt LLP
  • USA
  • February 24 2010

This post summarizes the salient issues and key points of recent decisions on arbitration awards


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


Court of appeals affirms trial court’s challenged “enforcement” of arbitration award
  • Jorden Burt LLP
  • USA
  • December 8 2008

The United States Court of Appeals for the Fourth Circuit affirmed the judgment of a federal district court which enforced an arbitration award between plaintiff, Qorvis Communications, LLC (“Qorvis”) and defendant, Christopher S. Wilson


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


State law requiring “jurisdiction of action” in courts for insurance disputes rendered arbitration clause void
  • Jorden Burt LLP
  • USA
  • January 28 2013

The Washington Supreme Court affirmed the denial of a motion to compel arbitration in an insurance dispute, based on a state statute that prohibits


Underlying insured lacks standing to sue reinsurer
  • Jorden Burt LLP
  • USA
  • October 15 2008

A U.S. District Court in Louisiana has ruled that absent a clear intent by the parties to a reinsurance contract to confer an advantage on a third party, that party has no standing to bring suit against the reinsurer


Judicial review of arbitration issue denied again on ripeness grounds
  • Jorden Burt LLP
  • USA
  • June 30 2009

On December 1, 2008, we reported on a Sixth Circuit remand with instructions to dismiss for lack of jurisdiction on ripeness grounds, which the district court subsequently dismissed the action


Arbitration by bishops not unconscionable
  • Jorden Burt LLP
  • USA
  • December 23 2010

The Catholic Bishop of Northern Alaska (CBNA) has been directed to arbitrate an insurance dispute