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Is “Class Arbitration” an Oxymoron Another Shoe Drops in the Second Circuit

USA - February 20 2018 In a series of articles over the past several months, we asked whether “class arbitration” meaning the utilization of the Fed.R.Civ.P. 23 class...


Oh, And One More Thing . . . Issuing A Subpoena For Documents Under 28 U.S.C. 1782 Also Requires Personal Jurisdiction Over The Subpoena Target

USA - February 13 2018 Under 28 U.S.C. 1782, “the district court of the district in which a person resides or is found may order him to . . . produce a document for use...


A Belated Judicial Determination Regarding Whether a Party Is Bound By An Arbitration Agreement Requires a “De Novo” Proceeding

USA - February 6 2018 Typically, the issue of whether a party is bound by an arbitration agreement is raised in a judicial motion to compel under Section 4 of the Federal...


An Employer’s Notice to Employees of a Mandatory Arbitration Program May be Insufficient Basis to Compel Arbitration

USA - January 31 2018 Arbitration is of course a creature of contract, and so a party may not be compelled to arbitrate unless it has agreed, or is deemed to have agreed...


Class Arbitration: Contractual “Crickets” Are Sufficient for Ninth Circuit to Determine That Class Arbitration Is Permitted, Distinguishing Stolt-Nielsen

USA - August 9 2017 When is “silence” in an arbitration clause concerning class arbitration not “Stolt-Nielsen silence”? And what is the difference between a “claim” and...