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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


Arbitration round-up
  • Jorden Burt LLP
  • USA
  • May 2 2012

Biller v. Toyota Motor Corp., No. 11-55587 (9th Cir. Feb. 3, 2012) (affirming confirmation of award, no manifest disregard of the law


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


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


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


Appeal dismissed in Northwestern NationalInsco reinsurance dispute
  • Jorden Burt LLP
  • USA
  • December 11 2012

The Second Circuit has dismissed an appeal arising from a reinsurance dispute between Northwestern National Insurance Company and Insco, Ltd


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


Stay of premature arbitration did not render subsequent proceedings or award void
  • Jorden Burt LLP
  • USA
  • February 24 2011

Where a court of appeals reversed a lower court's order compelling arbitration, and mandated a stay of ongoing arbitration proceedings, the proceedings conducted in arbitration both before and after the institution of the stay were not void


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


Third Circuit confirms that Federal Arbitration Act preempts state law deeming class arbitration waivers unconscionable
  • Jorden Burt LLP
  • USA
  • September 12 2011

The Third Circuit reversed a prior decision and held that, under the Supreme Court’s ruling in AT&T Mobility v. Concepcion, a New Jersey law providing that class arbitration waivers in consumer adhesion contracts are unconscionable is preempted by the Federal Arbitration Act