The case involved the sale of mist eliminators (demisters) from MECS Inc. to Axiall Canada Inc., an owner of a Canadian manufacturing facility. A key issue involved the terms of the parties’ contractual relationship as formed...more
The plaintiff alleged that she was a victim of an illegal predatory loan orchestrated by the defendant’s company. The loan allegedly charged excessive interest but was shielded from U.S. law by tribal sovereign immunity....more
The Ninth Circuit affirmed the district court’s order compelling arbitration in a case brought under the Fair Credit Reporting Act (FCRA) and state law, based on the plaintiff’s purchase of Experian’s Credit Score...more
Seven plaintiffs filed a putative class action against a car rental company and its subsidiary for allegedly unauthorized charges incurred when the plaintiffs rented cars from the company....more
The dispute involved the potential trade-in of a car and the purchase of a pickup truck by two customers at a car dealership. During the course of the transaction, one of the customers signed a document that he later learned...more
We previously posted about the yearslong reinsurance dispute between Utica Mutual Insurance Co. (the cedent) and Century Indemnity Co. (the reinsurer), involving Utica’s claims that Century breached two reinsurance...more
1/31/2020
/ Allocation Statistics ,
Asbestos ,
Asbestos Litigation ,
Bad Faith ,
Breach of Contract ,
Contract Terms ,
Follow-the-Fortunes Clause ,
Insurance Litigation ,
Prejudgment Interest ,
Recordkeeping Requirements ,
Reinsurance ,
Reinsurance Agreements ,
Settlement
The dispute involved an arbitration related to alleged medical malpractice by doctors selected by Carnival Cruise Lines to treat a wrist injury of a Serbian employee of Carnival. The employee’s employment agreement with...more
12/19/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Carnival Cruise Lines ,
Choice-of-Law ,
Contract Terms ,
Cruise Ships ,
Employment Contract ,
Employment Litigation ,
Foreign Arbitral Awards ,
Forum Selection ,
International Arbitration ,
Jones Act ,
Jurisdiction ,
Mandatory Arbitration Clauses ,
Medical Malpractice ,
Motion to Vacate ,
New York Convention ,
Panama ,
Public Policy ,
Vicarious Liability
The case involved a “second layer special casualty excess agreement of reinsurance” under which reinsurers General Reinsurance Corp. and SCOR Reinsurance Co. agreed to cover a certain amount in excess of Chicago Insurance...more
11/13/2019
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Arbitrators ,
Asbestos ,
Billing ,
Contract Terms ,
Insurance Litigation ,
Liability Insurance ,
Loss Allocation ,
Reinsurance ,
Stays
Three delivery drivers sued a transportation broker for failure to pay overtime and minimum wages, failure to provide rest and meal breaks, failure to timely pay wages upon termination, and willful refusal to pay wages on...more
The case is pending in a federal district court in New York, and involves three allegedly interconnected contracts purportedly “designed to circumvent [state] insurance laws,” including the laws of New York. ...more
Former franchisees filed a petition to vacate an arbitration award entered in favor of their former franchisor which enforced a 2-year non-compete provision in the parties’ franchise agreement when the agreement expired. The...more
The Ninth Circuit issued two similar opinions arising out of Samsung’s appeals of orders denying arbitration in two putative class actions filed against it. The claims against Samsung allege that the smartphone maker...more
2/22/2017
/ Arbitration ,
Cell Phones ,
Class Action ,
Contract Terms ,
Mandatory Arbitration Clauses ,
Mobile Devices ,
Motion to Compel ,
Samsung ,
Smartphones ,
Technology ,
Telecommunications ,
Warranties ,
Wireless Devices ,
Wireless Industry ,
Wireless Technology
The underlying dispute involved allegations of breach of warranty and deceptive trade practices based on a sale of an allegedly defective car. The Fifth Circuit explained that the FAA, which governed the alleged arbitration...more
The Ninth Circuit recently reversed a trial court for compelling arbitration without issuing an order that (1) made “the necessary factual findings as to the parties’ communications,” (2) determined “the law applicable to...more
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