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Article

Jorden Burt LLP | USA | 26 Oct 2011

Court holds terms of arbitration agreement requires parties to arbitrate disputes arising under subsequent agreements

General Motors stripped franchisee Glen West of his stock and removed him as president and operator of one of its dealerships because West was allegedly self dealing and failing to keep proper records.

Article

Jorden Burt LLP | USA | 6 Jul 2011

Court compels arbitration and refuses to disqualify a party’s selected arbitrator

A federal district court compelled arbitration and refused to disqualify a party’s selected arbitrator, notwithstanding that the arbitrator was a former employee and consultant of the objecting party’s parent company

Article

Jorden Burt LLP | USA | 28 Apr 2011

Class arbitration

Sutter v. Oxford Health Plans, LLC, Case No. 10-04903 (USDC D.N.J. Feb. 25, 2011) (class arbitration was still required following the Supreme Court’s Stolt-Nielson decision, notwithstanding the omission of the words “class action” in the parties’ arbitration agreement because the arbitrator had determined that the agreement unambiguously expressed the parties’ intent to authorize class arbitration).

Article

Jorden Burt LLP | USA | 14 Apr 2011

Court exercises personal jurisdiction over Canadian corporation but finds motion to vacate partial final arbitral award is not justiciable

Pearl Seas Cruises, LLC ("PSC"), a Marshall Islands company whose members are Connecticut residents, petitioned a Connecticut federal district court to vacate a partial final arbitral award issued by a panel of arbitrators in connection with its dispute against Canadian corporation, Irving Shipbuilding Incorporated ("ISI").

Article

Jorden Burt LLP | USA | 3 Jan 2011

Doctrine of uberrimae fidei ends insured’s claim for benefits under maritime policy

The Ninth Circuit affirmed summary judgment for defendant insurer United Specialty Insurance Company based on the admiralty doctrine of uberrimae fidei or "utmost good faith," a doctrine sometimes used in reinsurance arrangements.

Article

Jorden Burt LLP | USA | 9 Dec 2010

Insureds ordered to arbitrate notwithstanding allegedly conflicting contractual provisions

AIG insureds were directed to arbitrate their breach of contract, tortious breach of the covenant of good faith and fair dealing, unfair competition, and other causes of action based on AIG's alleged misconduct in denying their claims for benefits.

Article

Jorden Burt LLP | USA | 30 Nov 2010

Court refuses to modify confidentiality order protecting insurer’s and reinsurer’s trade secrets from disclosure

Pursuant to a confidentiality order entered by the federal district court, Everest National Insurance Company and Everest Reinsurance Company produced trade secrets, claims data, and other confidential information to Centrix Consolidated LLC and other parties to the litigation.

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