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Results: 1-10 of 497

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


Second Circuit affirms dismissal of lawsuit based on arbitration provisions but refuses to order sanctions
  • Jorden Burt LLP
  • USA
  • November 28 2012

Ipcon Collections sued Costco over a dispute regarding a series of agreements in which Costco agreed to sell karaoke systems on a consignment basis on behalf of Ipcon’s predecessor in interest


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


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


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


Court refuses to enjoin attorneys who allegedly breached confidentiality agreement in reinsurance arbitration
  • Jorden Burt LLP
  • USA
  • February 11 2013

On May 1, 2012, we reported on the Second Circuit's affirmance of a denial of Utica Mutual Insurance Company's motion to disqualify R & Q Reinsurance


Ninth Circuit holds that malicious prosecution and abuse of process claims are arbitrable
  • Jorden Burt LLP
  • USA
  • December 5 2012

The Ninth Circuit affirmed the district court’s grant of the motion to compel arbitration of defendant’s malicious prosecution and abuse of process claims against plaintiff that arose from a previous arbitration


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


District court denies motion to stay arbitration proceedings in state court
  • Jorden Burt LLP
  • USA
  • December 31 2008

Petitioners brought two Financial Industry Regulatory Authority (“FINRA”) arbitration actions against the Respondents, their former employer and a former supervisor, asserting a multitude of claims


Swiss Re arbitration award confirmed by district court
  • Jorden Burt LLP
  • USA
  • January 10 2011

OneBeacon Insurance Company filed a motion to vacate an arbitration award in favor of Swiss Re