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Results: 1-10 of 497

Equitable estoppel cannot compel arbitration against non-signatories where claims were based on statute and not contract
  • Jorden Burt LLP
  • USA
  • March 12 2013

In a putative class anti-trust action brought by retail grocers against wholesale grocers, a divided panel of the Eighth Circuit recently reversed


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


Third Circuit holds that district court erred in refusing to appoint substitute arbitrator under FAA Section 5
  • Jorden Burt LLP
  • USA
  • February 27 2012

Plaintiff Khan filed a putative class action lawsuit against Dell alleging, among other claims, violations of a state consumer protection statute and common law fraud


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


McCarran-Ferguson Act does not permit state law to invalidate contractual provision for arbitration under international treaty
  • Jorden Burt LLP
  • USA
  • October 14 2008

Plaintiff Louisiana Safety Association of Timbermen - Self Insurers (“LSAT”) filed an action in federal district court in Louisiana seeking to enforce the assignment of a reinsurance contract entered into between its predecessor in interest, Safety National Casualty Corporation (“SNCC”), and SNCC’s reinsurer, Certain Underwriters at Llloyd’s, London (“Lloyd’s”


U.S. Supreme Court finds FAA provisions applicable to non-signatories to arbitration agreement
  • Jorden Burt LLP
  • USA
  • May 26 2009

The U.S. Supreme Court recently addressed whether Sections 3 and 16 of the Federal Arbitration Act (“FAA”) apply to non-signatories affected by an arbitration agreement


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


Court of Appeal affirms vacation of arbitration award on grounds of arbitrator’s evident partiality
  • Jorden Burt LLP
  • USA
  • June 3 2013

Thomas Kinkade Company's suit against Nancy and David White was submitted to an arbitration proceeding in which, as the Sixth Circuit noted, "the


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


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