Michael Wolgin

Michael Wolgin

Carlton Fields Jorden Burt

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Court Lays Out Various Guidelines For Asserting Privilege In Insurance And Reinsurance Related Discovery

The court considered the various privilege assertions of both the insurers (plaintiffs) and the insureds (defendants) in a multi-insurer insurance litigation. In analyzing varying categories of documents, including subsets of...more

11/17/2015 - Attorney-Client Privilege Discovery Insurance Industry Insurance Litigation Reinsurance

Sixth Circuit Clarifies Prior Reversal Of An Order That Had Vacated Arbitration Award As A Manifest Disregard Of The Law

After an arbitrator ruled that indemnification agreements between an acquiring company and certain former directors and trustees of employee stock ownership plans, were void under ERISA, the district court vacated the...more

11/16/2015 - Arbitration Employee Benefits ERISA Indemnification Clauses Manifest Disregard

FINRA Panel Did Not Exceed Authority Or Manifestly Disregard Law By Failing To Award “Prevailing Party” Attorney’s Fees

A broker sought to vacate his FINRA compensatory damages award against a broker/dealer because the award did not include his attorney’s fees. The broker believed he was entitled to those fees as the “prevailing party” within...more

10/29/2015 - Attorney's Fees Broker-Dealer Brokers Compensatory Damages Financial Institutions Financial Markets FINRA

Tennessee Supreme Court Holds That State Unconscionability Law Does Not Implicate Concepcion And Is Not Preempted By FAA

The Supreme Court of Tennessee reversed the lower courts’ rulings that a non-mutual arbitration provision in an installment contract on the sale of a manufactured home was unconscionable and unenforceable. In doing so,...more

10/8/2015 - Arbitration AT&T Mobility v Concepcion Federal Arbitration Act Installment Agreements Mandatory Arbitration Clauses Manufactured Housing Preemption SCOTUS TN Supreme Court Unconscionable Contracts

Sixth Circuit Reverses Vacatur Of Award Stressing Limited Scope Of Permissible Judicial Review

The district court had vacated an arbitration award that had reinstated a terminated hospital employee under a collective bargaining agreement. The district court based its ruling on its interpretation of the CBA, which it...more

10/7/2015 - Arbitration Arbitration Awards Collective Bargaining Vacated

Party Waived Untimely Defense To Arbitration, Notwithstanding Party’s Claim That Counsel Committed Malpractice

The court confirmed an arbitration decision awarding damages in favor of workers compensation insurers against various insured employee-staffing companies. One of the defendant companies contended that it never executed the...more

8/27/2015 - Arbitration Arbitration Agreements Arbitration Awards Insurance Industry Non-Signatories Workers' Compensation Claim

Fourth Circuit Applies “Limited Review” Of Class Arbitration Award And Finds No Manifest Disregard Of The Law

The Fourth Circuit considered whether an arbitrator manifestly disregarded the law by failing to find actual damages and failing to award sufficient attorney’s fees against certain non-profit credit repair companies, despite...more

8/25/2015 - Arbitration Arbitration Awards Attorney's Fees Credit Repair Services CROA Non-Profits

Procedural Oddities Result From Simultaneously Seeking Vacatur Of An Arbitration Award And Relief On The Merits Of The Dispute

The Second Circuit reversed the district court’s dismissal of a claim for vacatur without prejudice, which had been based on the panel’s finding that it lacked personal jurisdiction. The Second Circuit examined the merits of...more

7/16/2015 - Arbitration Arbitration Awards Breach of Contract Dispute Resolution

Seventh Circuit Rejects Challenge To Arbitration Award Based On “Manifest Disregard Of The Law” And Fraud

This case involved a FINRA arbitration held to resolve a dispute over money allegedly owed to Ameriprise Financial Services by a former financial adviser. The financial adviser appealed the district court’s confirmation of...more

6/3/2015 - Ameriprise Financial Arbitration Federal Arbitration Act Financial Adviser FINRA

Ninth Circuit Directs Court To Vacate Ruling That Disqualified Arbitrator In The Midst Of An Ongoing Arbitration

The dispute at issue in this case involved claims of fraud in the sale of condominium units asserted by unit purchasers against the condominium developer. Arbitration under the AAA was underway between the parties, when it...more

6/1/2015 - American Arbitration Association Appeals Arbitration Clear Error Standard Condominiums Fraud Housing Developers

Incorporation Of AAA Rules “Clearly And Unmistakably” Delegates Questions Of Arbitrability To Arbitrator

In a putative class action for denial of employment benefits brought by security contractors against their hiring firm, Blackwater Security Consulting, the court found that the governing agreements delegated the issue of...more

5/13/2015 - American Arbitration Association Arbitration Agreements AT&T Mobility v Concepcion Blackwater Contract Terms Employee Benefits Federal Arbitration Act Federal Contractors Government Contractors Putative Class Actions

IRS Proposes Regulations Directed To “Passive” Hedge Fund Foreign Insurance Entities

On April 24, 2015, the Internal Revenue Service proposed regulations directed to “situations in which a hedge fund establishes a purported foreign reinsurance company in order to defer and reduce the tax that otherwise would...more

5/12/2015 - Capital Gains Foreign Investment Hedge Funds Insurance Industry IRS Reinsurance

Court Precludes Discovery Of Reinsurance Information In Airport Construction Insurance Coverage Dispute

In a construction loss coverage litigation brought by Indianapolis Airport Authority (IAA) against its builders risk insurer, Travelers Property Casualty Company, IAA unsuccessfully attempted to issue a subpoena to...more

4/21/2015 - Airports Builder's Risk Exclusion Construction Project Discovery Insurance Litigation Motions to Quash Protective Orders Travelers Property Casualty Co.

Fifth Circuit Affirms Vacatur Of Arbitration Award Where Arbitrator Failed To Follow Provisions Governing Selection Of Arbitrator...

Organizational Strategies Inc. (OSI) had entered into an agreement with Capstone Associated Services Ltd. for the latter to form three captive insurance companies for OSI. Included in the contract was an arbitration clause...more

4/21/2015 - American Arbitration Association Arbitration Arbitration Awards Captive Insurance Company Chamber of Commerce Contract Disputes

Arbitration Roundup

Emilio v. Sprint Spectrum L.P., Case No. 14-732-cv (2d Cir. Nov. 12, 2014) (affirming denial of motion to vacate award; district court did not err by finding that arbitrator did not exceed powers nor manifestly disregard law...more

4/1/2015 - Arbitration Arbitration Awards Arbitrators Class Action Federal Arbitration Act Manifest Disregard

Court Applies Concepcion And Compels Arbitration, Rejecting Claim That Agreement Precluded “Effective Vindication Of State...

In a putative class action alleging violation of Pennsylvania labor laws, unfair trade practices, and other state law claims brought by a franchisee against the franchisor and two subsidiaries, the court stayed the...more

3/31/2015 - Arbitration Class Action Arbitration Waivers Fee-Shifting Franchise Agreements Franchises Putative Class Actions Unfair Labor Practices Unfair or Deceptive Trade Practices

Commutation, Settlement, And Release Agreement Of Legion Insurance Company (In Liquidation) Filed Under Seal And Approved

A Pennsylvania Court has approved the commutation, settlement and release agreement between Legion Insurance Company (In Liquidation) and Midwest Employers Casualty Company. Legion was judicially determined insolvent in 2003,...more

3/12/2015 - Commutation Agreements Insolvency Insurance Industry Reinsurance

Seventh Circuit Denies Rehearing In Failed Attempt To Compel Arbitration And To Require Pre-Pleading Security From Uruguay...

On November 18, 2014, we reported on the Seventh Circuit’s decision in Pine Top Receivables of Illinois, LLC v. Banco de Seguros del Estado, in which Pine Top claimed that Banco de Seguros owed it $2,352,464.08 under certain...more

3/10/2015 - Insurance Industry Insurance Litigation Reinsurance The Foreign Sovereign Immunities Act

Court Compels Discovery Of Reinsurance And Other Insurance Documentation From Insurer In Garnishment Proceedings

The judgment was entered in a class action by plaintiffs who lost their tuition payments for computer training programs at schools that abruptly closed in 2009. In attempting to collect on the judgment, plaintiffs served...more

2/19/2015 - Class Action Commercial Bankruptcy Document Requests Insurance Industry Insurance Litigation Reinsurance Subpoenas Tuition

Third Circuit Reverses Equitable Estoppel Ruling Compelling Arbitration Against Non-Signatory Insurer

The trial court had granted the motion to compel arbitration of Flintkote Company against one of its asbestos liability insurers, Aviva PLC, despite the fact that Aviva was a non-signatory to the subject Alternative Dispute...more

2/17/2015 - Arbitration Equitable Estoppel Insurance Industry Insurance Litigation Non-Signatories Reversal

Reinsurer Obtains Award Of Attorney’s Fees Against Cedent That Failed To Timely Produce Electronically Stored Information

This case was brought by the cedent, Michigan Millers Mutual Insurance Co., seeking indemnity and expense payments arising from various underlying lawsuits, under a Casualty Excess Reinsurance Agreement. A discovery dispute...more

1/29/2015 - Attorney's Fees Discovery Electronically Stored Information Insurance Litigation Reinsurance

FIO Issues Report On Global Reinsurance Market And Its Importance To The U.S. Insurance Industry

On December 31, 2014, the Federal Insurance Office (FIO) issued a report entitled “The Breadth and Scope of the Global Reinsurance Market and the Critical Role Such Market Plays in Supporting Insurance in the United States.” ...more

1/27/2015 - Federal Insurance Office Global Market Information Reports Insurance Industry Reinsurance

Second Arbitration Compelled On Reinsurance Claims Made Under Treaty Previously Construed In Prior Arbitration Award

In a complicated web of proceedings, the initial dispute involved whether the reinsurer, Nationwide Mutual Insurance Co., was permitted to condition payment of reinsurance claims on receiving access to the claim records of...more

1/6/2015 - Arbitration Arbitration Awards Insurance Litigation Nationwide Insurance Co. Reinsurance

Fourth Circuit Affirms Order Dismissing Case To Permit Arbitration Against Non-Signatory To Arbitration Agreement

An arbitration agreement was contained in a retail installment contract. The Fourth Circuit affirmed the lower court’s dismissal of the case pending arbitration against a non-signatory to the arbitration agreement on two...more

1/2/2015 - Arbitration Arbitration Agreements Contract Disputes Internet Retailers Non-Signatories Retail Installment Sales Contracts Retailers

NLRB Reaffirms Its D.R. Horton Decision, Ruling That Employment Agreements Requiring Individual Arbitration Are Unlawful

On February 16, 2012, we reported on the National Labor Relations Board’s D.R. Horton decision, which ruled that arbitration agreements that are signed as a condition of employment and preclude employees from bringing joint,...more

12/17/2014 - Class Action Class Action Arbitration Waivers D.R. Horton v NLRB Employer Liability Issues Employment Contract NLRB

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