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Results: 1-10 of 497

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


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


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


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 rules Nebraska arbitration law reverse-preempts the Federal Arbitration Act pursuant to the McCarran-Ferguson Act
  • Jorden Burt LLP
  • USA
  • February 4 2010

Along with an insurance policy, the parties previously entered into an administration agreement that obligated the defendant to reimburse the plaintiff for claims made under extended warranty contracts


Southern District of Ohio confirms FINRA arbitration award
  • Jorden Burt LLP
  • USA
  • April 6 2010

Following a FINRA arbitration award in favor of defendant Carlos Reisen, plaintiff J.J.B. Hilliard, W.L. Lyons, LLC (“Hilliard Lyons”) filed a complaint (treated by the court as a motion to vacate) before the US District Court for the Southern District of Ohio seeking to vacate the award


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


Ninth Circuit addresses doctrine of functus officio
  • Jorden Burt LLP
  • USA
  • August 11 2009

Last month, the Ninth Circuit Court of Appeals reviewed an arbitration panel’s awards against Leonard Bosack and Sandy Lerner, founders of Cisco Systems


Arbitration award vacated for arbitrator bias and misconduct
  • Jorden Burt LLP
  • USA
  • September 2 2010

In a labor dispute governed by the Labor-Management Relations Act, the US District Court for the Eastern District of Louisiana has vacated a labor arbitration award due to bias and misconduct on the part of the arbitrator


California appellate court holds that gentry survives, rejecting applicability of U.S. Supreme Court decisions
  • Jorden Burt LLP
  • USA
  • December 18 2012

A recent opinion of the Second Appellate District of the California Court of Appeals has reinforced the split among California courts as to the impact in California courts of the U.S. Supreme Court’s recent decisions concerning arbitration procedure