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Motion to dismiss claim for breach of confidentiality agreement in reinsurance arbitration denied
  • Jorden Burt LLP
  • USA
  • June 18 2012

INA Reinsurance recently moved to dismiss or to stay an action initiated by Utica Mutual Insurance arising out of the alleged breach of three confidentiality agreements, including one entered as an order in the parties’ pending reinsurance arbitration


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


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 refuses to enjoin attorneys who allegedly breached confidentiality agreement in reinsurance arbitration
  • Jorden Burt LLP
  • USA
  • February 11 2013

On May 1, 2012, we reported on the Second Circuit's affirmance of a denial of Utica Mutual Insurance Company's motion to disqualify R & Q Reinsurance


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


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


Supreme Court holds that a non-party to an arbitration agreement may appeal the denial of a motion to stay pending arbitration under the federal arbitration act
  • Jorden Burt LLP
  • USA
  • August 24 2009

In Arthur Andersen LLP v. Carlisle, - U.S. -, 129 S.Ct. 1896 (May 4, 2009), the Supreme Court resolved a conflict of Circuits regarding the interpretation of sections 3 and 16 of the Federal Arbitration Act (“FAA”) (9 U.S.C. 3 and 16


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


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


First Circuit to district court: clarify your position on how the arbitration should proceed
  • Jorden Burt LLP
  • USA
  • April 13 2010

In this dispute, the First Circuit previously reversed the confirmation of an arbitration award concluding that the award was in manifest disregard of law and remanded the case for the entry of an order vacating the award