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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.


Jorden Burt LLP | USA | 15 Feb 2013

Waiver of right to arbitrate found prior to discovery

In federal courts a party generally will not be found to have waived the right to arbitrate unless (1) it has acted inconsistently with that right


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


Jorden Burt LLP | USA, Argentina | 12 Feb 2013

Participation in New York arbitration not an implicit waiver of sovereign immunity under the FSIA

A pro se attorney sued his former clients, Argentina's economic ministry and a reinsurance company owned by the Argentine government, for malicious


Jorden Burt LLP | USA | 23 Jan 2013

Federal court finds insurers’ removal rights not waived

Plaintiff Southwestern Electric Power Company brought suit in Louisiana state court against a number of its insurers, seeking indemnity for damaged


Jorden Burt LLP | USA | 15 Jan 2013

Fourth Circuit reverses order denying motion to compel arbitration based on waiver, applying FAA rather than state law

In a recent opinion, the Fourth Circuit reversed a district court order denying a motion to compel non-class arbitration. The district court applied


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


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.


Jorden Burt LLP | USA | 13 Dec 2012

Third Circuit reverses order compelling arbitration, finding waiver after ten months of litigation

In an antitrust suit by certain pharmacies against CaremarksPCS, the plaintiffs appealed a trial court order granting defendant Caremark’s motion to compel arbitration based on the parties’ arbitration agreement.


Jorden Burt LLP | USA | 23 Oct 2012

California Court of Appeal applies Concepcion and compels individual arbitration

Plaintiff filed a class action complaint alleging wage and hour violations.

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