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Article

Jorden Burt LLP | USA | 24 Apr 2013

Arbitration process issues roundup

Following is a summary, by category, of recent opinions of note concerning arbitration process issues.

Article

Jorden Burt LLP | USA | 14 Feb 2013

California arbitration round up

Class Waiver Cases Addressing Concepcion Gutierrez v. Wells Fargo Bank, NA, Case No. 10-16959 (9th Cir. Dec. 26, 2012) (refusing to vacate district

Article

Jorden Burt LLP | USA | 14 Jan 2013

Eighth Circuit applies broad interpretation of Concepcion to uphold class-waiver arbitration clause in employment dispute

The Eighth Circuit recently reversed a district court's refusal to compel arbitration in an employment dispute under the Fair Labor Standards Act

Article

Jorden Burt LLP | USA | 18 Dec 2012

California appellate court holds that gentry survives, rejecting applicability of U.S. Supreme Court decisions

A recent opinion of the Second Appellate District of the California Court of Appeals has reinforced the split among California courts as to the impact in California courts of the U.S. Supreme Court’s recent decisions concerning arbitration procedure.

Article

Jorden Burt LLP | USA | 3 Jul 2012

Recent decisions addressing enforceability of class-waiver arbitration clauses under Concepcion suggest continued conflict in California

On June 25, 2012, we reported on Iskanian v. CLS Transportation Los Angeles, LLC, where a California appellate court, following the U.S. Supreme Court’s Concepcion decision, affirmed the enforcement of an arbitration clause waiving class claims, subsequent to the court’s pre-Concepcion suggestion that the waiver was unenforceable based on state precedent.

Article

Jorden Burt LLP | USA | 11 Apr 2012

Motion to compel arbitration roundup

Class-Waiver Arbitration Clauses: Vernon v. Qwest Communications International, Inc., Case No. 1:09-cv-01840 (USDC D.D.C. Mar. 8, 2012) (compelling arbitration; class-waiver arbitration provision in electronic agreement that was not “user friendly” was enforceable under Concepcion, as it was not unconscionable under state law).

Article

Jorden Burt LLP | USA | 22 Mar 2012

Two recent decisions highlight potential impact of state law on enforceability of class-waiver arbitration agreements under Concepcion

In Carey v. 24 Hour Fitness, USA, Inc., the Fifth Circuit affirmed the denial of a motion to compel arbitration and permitted a class action employee-overtime lawsuit to go forward despite the parties’ putative agreement to arbitrate such disputes on a non-class basis.

Article

Jorden Burt LLP | USA | 18 Oct 2011

Court considers privilege assertions in dispute involving asbestos trust, excess liability insurer, and reinsurance

In a suit between a bankruptcy trust established to resolve a defunct corporation’s asbestos-related personal injury liabilities and the corporation’s excess liability insurer that had denied coverage to the trust in connection with the asbestos claims, a court resolved various attorney client privilege and work product protection issues.

Article

Jorden Burt LLP | USA | 26 Jul 2011

Court compels arbitration under U.S. Supreme Court’s recent concepcion decision, addressing interplay with Stolt-Nielsen

A court has recently compelled arbitration in a pending putative class action lawsuit, based on the U.S. Supreme Court’s AT&T Mobility LLC v. Concepcion decision.

Article

Jorden Burt LLP | USA | 14 Dec 2010

Second Circuit affirms waiver of removal based on service of suit provision in reinsurance treaty

In two prior posts (December 8, 2009 and February 11, 2010), we reported on Dinallo v Dunav Ins. Co., a case between a liquidator of an insurance company and the company’s reinsurer, Dunav Re.

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