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Second Circuit Affirms EDNY Ruling That Customer Is Bound to Arbitration Clause in Amazon’s Conditions of Use

A customer argued that he is not bound to the arbitration clause included in Amazon’s conditions of use since August 2011 because he never received notice of the clause or manifested his assent to it. Nonetheless, the...more

District of Connecticut Enforces Amex Arbitration Clause Where Cardmember Did Not “Opt Out”

In a dispute involving fraudulent charges, the District of Connecticut required American Express and the cardmember to resolve their issue in arbitration, pursuant to the cardmember agreement, as amended. AmEx provided notice...more

New York Federal Court Punts Request for Foreign Reinsurer to Post Security Back to Arbitrators

The Southern District of New York found that New York Insurance Law section 1213(c)(1), requiring that foreign insurers post sufficient security, applied to the defendant, a foreign reinsurer in liquidation, in order for the...more

California Federal Court Enforces Arbitration Provision in Uber Agreements

A class action alleging unsolicited text messages received from Uber violated the Telephone Consumer Protection Act (TCPA) and California competition law was sent to arbitration by a California federal court based upon an...more

Eighth Circuit Finds All Claims Involving Consumer Credit Dispute Subject To Arbitration

A federal court in Minnesota determined that three of Plaintiffs’ claims were not subject to the applicable arbitration clause: (1) state-law usury claims; (2) state and federal financial disclosure claims; and (3) state-law...more

Fourth Circuit Finds Incorporation Of Jams Rules Constitutes Parties’ Intent To Delegate Question Of Arbitrability To Arbitrator

The Fourth Circuit, noting that expansive general arbitration clauses will not suffice to force the arbitration of arbitrability disputes, looked at whether the parties’ express incorporation of JAMS Rules constituted “clear...more

Fifth Circuit Affirms Court’s Authority To Rule On Question Of Arbitrability And Finds Injunctive Relief Was Not Subject To...

A Texas federal court determined that, pursuant to the parties’ contract, the dispute was not arbitrable because the plain language of the arbitration clause expressly excluded suits that involved requests for injunctive...more

Ninth Circuit Affirms Application Of Arbitration Clause Found In Amazon’s Conditions Of Use

Applying Washington law, the Ninth Circuit Court of Appeals affirmed a California federal court’s ruling that Amazon’s Conditions of Use (COU) created a valid contract between Amazon and its customers, and there was no...more

Eighth Circuit Holds That A Motion To Dismiss Based On An Arbitration Clause Is Not A Challenge To The Court’s Jurisdiction

A municipality sued the company that constructed its water treatment facility, in connection with contaminants found in the water supply. The parties had entered into a series of agreements which contained choice of law and...more

Court Declines To Determine Whether Reinsurance Syndicate For Which A Company Fronted Should Be Involved In An Arbitration

The parties in this case presented to a court the issue of whether a reinsurance syndicate for which Federal Insurance acted as “a front” was a real party in interest and should be involved in an arbitration between Federal...more

New Jersey Court Compels Arbitration, Declines To Appoint Substitute Arbitrator Despite “Exorbitant” Administrative Fee

Terra Finance LLC brought an action to compel arbitration. Defendant Acrow Corporation moved to dismiss the action under Fed. R. Civ. P. 12(b)(6), arguing that the arbitration clause was unconscionable, and therefore...more

Fifth Circuit Follows Precedent In Upholding Employment Agreement Containing Class Action Waivers

Relying on D.R. Horton Inc. v. NLRB and Murphy Oil, USA v. NRLB, the Fifth Circuit found the NLRB’s decision that Citibank violated the National Labor Relations Act by requiring employees to sign an arbitration agreement...more

SDNY Confirms Arbitration Award Following Respondent’s Default

On an unopposed petition to confirm an arbitration award, a New York federal court treated the petition and accompanying record as a motion for summary judgment. “Thus, like unopposed summary judgment motions, unopposed...more

Southern District Of Indiana Determines Parties’ Dispute Regarding Nonpayment Of Bond By Sureties Was Not Within The Scope Of...

In order to be arbitrable, a dispute must fall within the scope of the parties’ operative arbitration agreement. Here, a non-signatory to the relevant agreement was seeking to “invoke an arbitration provision that was not...more

Federal Court Finds Arbitrator Had Authority To Determine It Had Jurisdiction Over Corporation’s Principals And Non-Signatories...

New World Solutions, Inc. (“NWS”) and Asta Funding Inc. (“Asta”) entered into an agreement which contained an arbitration clause. After a dispute arose and the parties undertook arbitration, the arbitrator entered an award...more

Missouri Court Of Appeals Finds Facultative Reinsurance Agreement Between Parties Was Truly A Liability Insurance Contract Which...

Although the parties had entered into what they called a Facultative Reinsurance Agreement (“FRA”), the Missouri Court of Appeals determined the agreement was a contact of indemnity against liability, and thus, pursuant to...more

Court Punts Decision On How A Previous Arbitration Award Affects A Current Dispute To Arbitrator

A Wisconsin federal district court determined, pursuant to the parties’ arbitration clause, it is the job of an arbitrator, not the court, to decide whether a present billing issue was resolved in a prior arbitration. The...more

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