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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


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


Federal judges in Brooklyn are making it easier to pursue fraud claims against no-fault medical providers
  • Jorden Burt LLP
  • USA
  • May 8 2013

The Eastern District of New York, which includes the New York City Boroughs of Brooklyn and Queens, has been home to some of the most colorful


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


Sealing arbitration awards: contractual confidentiality obligations versus the presumption of public access
  • Jorden Burt LLP
  • USA
  • August 10 2009

Arbitration benefits the public by freeing judicial resources


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


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


Fourth Circuit reverses order denying motion to compel arbitration based on waiver, applying FAA rather than state law
  • Jorden Burt LLP
  • USA
  • January 15 2013

In a recent opinion, the Fourth Circuit reversed a district court order denying a motion to compel non-class arbitration. The district court applied


Eighth Circuit applies broad interpretation of Concepcion to uphold class-waiver arbitration clause in employment dispute
  • Jorden Burt LLP
  • USA
  • January 14 2013

The Eighth Circuit recently reversed a district court's refusal to compel arbitration in an employment dispute under the Fair Labor Standards Act


U.S. Supreme Court slaps Oklahoma Supreme Court on the wrist for disregarding precedent on the FAA and grants cert. in yet another arbitration case
  • Jorden Burt LLP
  • USA
  • December 3 2012

In a recent per curiam opinion, the U.S. Supreme Court reminded state courts that the Federal Arbitration Act is “the supreme Law of the Land” and they must abide by the Supreme Court’s opinions interpreting that law