We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results:1-8 of 8

Third Circuit affirms district court’s holding that arbitrator did not act with evident partiality
  • Jorden Burt LLP
  • USA
  • April 4 2013

The Third Circuit affirmed a district court decision denying a motion to vacate an arbitration award issued in favor of Pittsburgh Glass Works and


Third Circuit refuses to reconsider decision denying reinsurance coverage due to insurer’s late notice
  • Jorden Burt LLP
  • USA
  • November 26 2012

Pacific Employers Insurance Company petitioned for rehearing of a Third Circuit decision ordering that judgment of non-liability be entered in favor of Global Reinsurance Corporation of America regarding a coverage dispute under the parties’ facultative reinsurance contract.


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.


Third Circuit holds that reinsurer can deny coverage based on late notice even absent prejudice
  • Jorden Burt LLP
  • USA
  • September 18 2012

A dispute arose when Pacific Employers Insurance Company demanded payment from Global Reinsurance Corporation of America under a facultative reinsurance contract.


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.


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


Court of appeals holds that district court correctly confirmed an arbitration award notwithstanding party fraud
  • Jorden Burt LLP
  • USA
  • August 8 2011

A federal court of appeals affirmed the confirmation of an arbitration award in favor of an employee who had committed fraud in connection with an arbitration, because, as the district court had held, the fraud was not material to the outcome of the proceeding.


Supreme Court to clarify “storm warnings” of securities fraud
  • Jorden Burt LLP
  • USA
  • December 2 2009

Courts generally apply a two-step analysis in determining when the statute of limitations begins to run on a federal securities fraud claim: (1) were there "storm warnings" sufficient to put a plaintiff on inquiry notice of possible wrongdoing; and (2) if so, did the plaintiff exercise reasonable diligence in attempting to discover information necessary to state a claim.