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