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Fourth Circuit considers whether arbitration agreement was binding where parties modified contract through conduct
  • Carlton Fields
  • USA
  • May 12 2016

In early April, the Fourth Circuit Court of Appeals considered whether an arbitration agreement was “a written provision” for purposes of the Federal


Fourth Circuit holds arbitration clause unenforceable when it forbids arbitrator from applying the applicable law
  • Carlton Fields
  • USA
  • February 22 2016

This case involves a class action filed in a Virginia district court against Delbert Services Corporation, the servicing agent of certain loans, for


Close but no cigar: Fourth Circuit finds waiver where party failed to adequately press defense
  • Carlton Fields
  • USA
  • December 2 2015

With regard to preservation of an issue for appeal, how close is close enough? This issue was examined in a recent decision by the Fourth Circuit


Fourth Circuit applies “limited review” of class arbitration award and finds no manifest disregard of the law
  • Carlton Fields
  • USA
  • August 25 2015

The Fourth Circuit considered whether an arbitrator manifestly disregarded the law by failing to find actual damages and failing to award sufficient


Fourth Circuit rejects characterization of motions “for reconsideration,” remands to determine whether dispute is arbitrable
  • Carlton Fields
  • USA
  • July 29 2015

The Court of Appeals for the Fourth Circuit recently remanded a case to the district court for full consideration of a request to compel arbitration


Fourth Circuit: if you want to limit additional insured coverage to vicarious liability, you should say so
  • Carlton Fields
  • USA
  • July 20 2015

In Capital City Real Estate, LLC v. Certain Underwriters at Lloyd's, London, No. 14-1239 (4th Cir. June 10, 2015), the Fourth Circuit Court ruled


Single plant employment discrimination class survives Dukes challenge
  • Carlton Fields
  • USA
  • May 27 2015

A divided panel of the Fourth Circuit ruled that a South Carolina district court judge improperly applied Wal-Mart Stores, Inc. v. Dukes in


Fourth Circuit affirms order dismissing case to permit arbitration against non-signatory to arbitration agreement
  • Carlton Fields
  • USA
  • December 31 2014

An arbitration agreement was contained in a retail installment contract. The Fourth Circuit affirmed the lower court's dismissal of the case pending


Fourth Circuit vacates certification of five classes as "manifestly improper"
  • Carlton Fields
  • USA
  • September 4 2014

Plaintiffs, alleged owners of an interest in coalbed methane gas ("CBM"), brought five related putative class actions against defendants, CBM


14 days or bust: Fourth Circuit bolsters “rigid and inflexible rule” for appealing certification orders
  • Carlton Fields
  • USA
  • August 5 2014

Artful attempts to appeal a class certification order beyond fourteen days will not impress the Fourth Circuit. In Nucor, the district court