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Article

Jorden Burt LLP | USA | 17 May 2011

FAA trumps state prohibitions against class arbitration waivers

In a ruling that may surprise some, the U.S. Supreme Court has held that, because it “stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress,” California’s judicial rule against waivers of class-wide arbitration in consumer contracts is preempted by the Federal Arbitration Act.

Article

Jorden Burt LLP | USA | 23 Aug 2010

Third Circuit holds that a party cannot “opt out” of the Federal Arbitration Act in its entirety

The Third Circuit has affirmed a judgment in favor of several foreign reinsurers confirming arbitration awards against the statutory liquidator (the Pennsylvania Insurance Commissioner) for two insolvent insurance companies, but reversed a sanctions award against the Commissioner.

Article

Jorden Burt LLP | USA | 22 Mar 2010

Waiver of allegedly unconscionable terms renders arbitration agreement, as modified, enforceable

The United States Court of Appeals for the Second Circuit has affirmed a district court's grant of defendants' motion to dismiss a complaint for employment discrimination and motion to compel arbitration.

Article

Jorden Burt LLP | USA | 22 Feb 2010

Evidentiary privileges deemed waived by sharing documents with reinsurer

Last year, a defendant insurer filed an unsuccessful motion for protective order concerning subpoenas to the defendant's reinsurers; the court more recently declined to reconsider that ruling.

Article

Jorden Burt LLP | USA | 11 Jan 2010

Ninth Circuit affirms confirmation of award made through an “unusual” arbitration process

The Ninth Circuit affirmed the confirmation of an arbitration award over the respondent's objections that the process employed by the arbitration panel was unfair and resulted in an implausible interpretation of the reinsurance contracts.

Article

Jorden Burt LLP | USA | 30 Dec 2009

Right to arbitrate deemed waived by court

A court denied a motion to compel arbitration because the movants’ active participation in the litigation constituted a waiver of the right to arbitrate.

Article

Jorden Burt LLP | USA | 2 Dec 2009

Counterclaims alleging fraud by unlicensed insurers dismissed

A motion to dismiss counterclaims alleging that a property and casualty insurer and reinsurer (collectively, "Everest") fraudulently conspired to engage in insurance business without the appropriate regulatory approval has been granted.

Article

Jorden Burt LLP | USA | 1 May 2009

Ninth Circuit applies Oregon law to find class action waiver unenforceable

The Ninth Circuit recently concluded that a district court improperly dismissed a consumer class action pursuant to an arbitration agreement between a wireless provider and its customers, holding that the agreement’s class action waiver was unconscionable and therefore unenforceable under Oregon law.

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