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Results: 1-10 of 497

Non-parties to contract containing arbitration clause can compel arbitration; fraudulent inducement claim is arbitrable
  • Jorden Burt LLP
  • USA
  • April 13 2011

Plaintiff filed a complaint in federal court alleging breach of contract and fraud against StoresOnline, its parent corporation, IMergent, and several officers and directors of the companies


Two recent decisions address whether prejudgment relief is available in arbitration proceedings
  • Jorden Burt LLP
  • USA
  • January 16 2013

The first decision involved reconsideration of an interim arbitration award of prejudgment security that the court initially refused to confirm as a


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 refuses subject matter jurisdiction to review arbitration award, since the value of the award was less than the court’s jurisdictional amount
  • Jorden Burt LLP
  • USA
  • January 5 2009

A dispute arose between Hansen Beverage Company and DSD Distributors over a distribution agreement


Case remanded to new arbitration panel in light of prior panel’s manifest disregard of law
  • Jorden Burt LLP
  • USA
  • August 25 2010

After a second trip to the First Circuit, a district court has held that remand to a new panel of arbitrators is appropriate where the panel's vacated award was earlier held to be in manifest disregard of the law


Cal. Ct. App. overturns confirmation of award due to nondisclosure of pertinent business relationship between arbitrator and party
  • Jorden Burt LLP
  • USA
  • November 26 2010

Nancy Hurwitz Kors appealed to the California Court of Appeals an order confirming an arbitration award in favor of the law firm Benjamin, Weill & Mazer in a dispute over attorneys' fees


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


Court confirms arbitration award, despite affording leniency to pro se party
  • Jorden Burt LLP
  • USA
  • July 7 2011

A somewhat exasperated-sounding opinion from a federal court in Maryland addressed a litany of allegations and procedural issues raised by a pro se defendant’s motion to dismiss the action seeking confirmation of an arbitration award, as well as a motion to continue the case, based on the defendant’s medical condition


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


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