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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


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


No res judicata effect for unconfirmed arbitration award
  • Jorden Burt LLP
  • USA
  • May 31 2012

The Greers entered into a contract with Town Construction for construction of their home


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


Enforcing class arbitration waivers: the FAA and unconscionability
  • Jorden Burt LLP
  • USA
  • May 28 2009

The Third Circuit Court of Appeals recently joined the Ninth Circuit in ruling that the Federal Arbitration Act is superseded by state common law principles of unconscionability as applied to an arbitration agreement’s class action waiver provision, rendering the provision unenforceable


Coverage for “allocated loss expense” includes attorneys’ fees
  • Jorden Burt LLP
  • USA
  • March 20 2012

Federal Insurance Company and Zurich American Insurance Company were parties to a co-surety agreement providing excess professional liability coverage to the Hartford Financial Services Group


Texas Supreme Court grants mandamus relief to stay litigation pending arbitration
  • Jorden Burt LLP
  • USA
  • August 11 2010

The Texas high court has held that a trial court abused its discretion by refusing to stay the litigation related to one corporation, MetroPCS Communications, Inc. (Communications), until the identical claims of its corporate affiliate, MetroPCS Wireless, Inc. (Wireless), were decided by arbitration or until Wireless became a member of a certified class action


Arbitration award review roundup
  • Jorden Burt LLP
  • USA
  • April 10 2013

Denying motion to vacate award; granting motion to confirm award; panel did not exceed authority for allegedly basing award on theory not advanced by


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


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