In a challenge to an arbitration award on the basis that the arbitrators exceeded their powers in determining damages, the Third Circuit affirmed the District of New Jersey’s confirmation of the award....more
In addition to awarding monetary damages against the defendants, the arbitration panel ordered that the defendants be divested of their shares in the plaintiff corporation. The defendants sought to vacate the award, arguing...more
2/24/2020
/ Arbitration ,
Arbitration Agreements ,
Arbitration Award Challenges ,
Arbitration Awards ,
Arbitrator Selection Disputes ,
Arbitrators ,
Business Disputes ,
Business Litigation ,
Contract Terms ,
Damages ,
Divestment ,
Motion to Vacate ,
Preferred Shares ,
Punitive Damages
When two parties in an arbitration were unable to select a “mutually agreeable” arbitrator, the Massachusetts district court stepped in to handle the selection. The parties’ arbitration agreement provided that the parties...more
The plaintiff moved to vacate an arbitration award and the defendant moved to dismiss and confirm. The defendant’s dismissal motion challenged confirmation of an arbitration award, arguing that the matter was filed in...more
1/28/2020
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Confidentiality Agreements ,
Contract Terms ,
Federal Arbitration Act ,
Federal Rule 12(b)(6) ,
Motion to Dismiss ,
Motion to Vacate ,
Service of Process ,
Statute of Limitations ,
Summary Judgment
Finding that a California trial court’s statement of decision was not a judgment or appealable order, the California Court of Appeal dismissed the appeal, having no jurisdiction or authority to review it....more
In reversing a New York federal court, the Second Circuit found the arbitration was within the arbitrator’s authority in binding absent class members to class proceedings because, by signing the operative arbitration...more
The parties entered into a joint venture to launch commercial satellites into space from an ocean platform, which venture ultimately failed. As a result of certain guarantees, Boeing paid $449 million to cover loans made to...more
12/9/2019
/ Arbitration ,
Boeing ,
Commercial Loans ,
Contract Interpretation ,
International Arbitration ,
Joint Venture ,
Lack of Jurisdiction ,
Motion To Stay ,
Outer Space ,
Popular ,
Satellites ,
Summary Judgment ,
Sweden ,
UK
The plaintiff, an agricultural laborer, brought suit against his employer who, in turn, moved to compel arbitration based on the arbitration agreement in the parties’ employment contract. The plaintiff opposed, successfully...more
11/20/2019
/ Agricultural Sector ,
Agricultural Workers ,
Arbitration ,
Arbitration Agreements ,
Coercion ,
Contract Terms ,
Economic Duress ,
Employee Housing ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Foreign Workers ,
H-2A ,
Motion to Compel ,
Undue Influence Claims ,
Vulnerable Victims ,
Wrongful Acts
The plaintiff successfully confirmed an arbitration award concerning certain franchise agreements and then sought attorneys’ fees and costs incurred in connection with its confirmation action based on the attorneys’ fees...more
The U.S. Department of Health and Human Services’ Centers for Medicare and Medicaid Services (HHS) operates the reinsurance and risk-adjustments program for Colorado, including the application of the “netting rule” — a method...more
A third-party contractor installed the defendant’s shingles on the plaintiffs’ roof. Subsequently, the plaintiffs filed suit for damages allegedly caused by the defendant’s faulty shingles and replacement of their roof. The...more
You find yourself in an arbitration needing documents and testimony from a nonparty. Your arbitrator issues a nonparty summons, “conveniently” requiring the out-of-state nonparty to appear by video at a hearing and produce...more
10/28/2019
/ Appeals ,
Arbitration ,
Discovery ,
Federal Arbitration Act ,
Fifth Amendment ,
Litigation Strategies ,
Motion to Compel ,
Non-Parties ,
Objections ,
Settlement Agreements ,
Subject Matter Jurisdiction ,
Summons ,
Venue ,
Video Recordings ,
Witnesses
The defendant sought to vacate an arbitration award on the basis of arbitrator misconduct and manifest disregard of the law or, in the alternative, modification of the award....more
Nevada Revised Statutes section 597.995 requires agreements that include an arbitration provision to also include a specific authorization for the arbitration provision showing that the parties affirmatively agreed to that...more
The plaintiff and intervenor-defendant entered into a contract wherein they agreed to arbitrate claims arising out of the contract. Following a dispute, the plaintiff asserted that the intervenor-defendant had waived its...more
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
The plaintiff voluntarily signed an employment agreement that provided that any and all employment-related disputes arising out of the plaintiff’s employment would be subject to confidential arbitration. Following his...more
On remand from the Second Circuit, the Northern District of New York was asked to determine whether Utica Mutual Insurance Co. (the cedent) had a defense obligation under its umbrella policies. If it did, then Utica would be...more
The defendant, Preferred Contractors Insurance Company Risk Retention Group LLC (PCIC), is a risk retention group charted in Montana and doing business in New York. PCIC issued a CGL policy naming defendant Nadkos Inc. as an...more
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
Pursuant to the FAA, a motion to vacate, modify, or correct an arbitration award must be served within three months after the award is filed or delivered. 9 U.S.C. § 12. Thus, a Maryland federal court held that the...more
The plaintiff sought coverage for property loss due to Hurricane Irma, and the defendant successfully moved to compel arbitration. The plaintiff opposed arbitration, arguing that the subject policy was unsigned and thus did...more
The plaintiff challenged the formation of an arbitration clause contained in her employment contracts and acknowledgment of employee handbooks, arguing: (1) there was no “meeting of the minds” and therefore there was not the...more
The Ninth Circuit reversed the District of Montana’s denial of a motion to compel arbitration on the grounds that “the insurer was estopped from asserting contract defenses as a result of its breach of its duty to defend.” ...more
Affirming the confirmation of a Chinese arbitral award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the Second Circuit held that notice mailed directly to an entity is sufficient to...more