General Business Residential Real Estate Alternative Dispute Resolution (ADR)

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Should You Litigate In Court or Arbitrate the Dispute?

Faced with the rising costs of doing business in our increasingly litigious society, today's employers are looking at any way to manage fees and costs associated with resolving disputes over employment decisions. Some of the...more

Divided Third Circuit Panel Holds That Waiver Of Arbitration Clause Does Not Apply To Futile Arguments

On July 13, 2016, a U.S. Court of Appeals for the Third Circuit panel held that an arbitration clause is not waived simply because a party failed to raise a futile argument. The case arose out of a putative class action...more

English-Only Arbitration Agreement Deemed Unenforceable

Seyfarth Synopsis: An arbitration provision that was provided only in English to a population consisting of one-third Spanish speakers, and that required claimants to bear one-half of arbitration expenses, was unenforceable...more

Class Action Arbitration after Dell Webb

Agreeing to arbitrate disputes, in lieu of traditional litigation, is not a new phenomenon. As consumers, we all contractually agree to arbitrate disputes on an almost daily basis. While not everyone may read the entire...more

Klesla et al. v. Wittenberg

Court did not abuse its discretion in denying a motion to confirm arbitration award that asked for more than was awarded. Kleslas sued for (1) the return of their residential lease security deposit, (2) statutory...more

South Carolina Supreme Court Decision Impacts Enforceability of Arbitration Provisions in New Residential Construction Sales...

On July 6, 2016, the South Carolina Supreme Court filed its Opinion No. 27645, captioned Smith v. D.R. Horton, Inc., in which it affirmed the Court of Appeals' refusal to compel arbitration between new home purchasers and the...more

Construction Defect Debate to be Heard by Colorado Supreme Court

The construction defects case of Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al. has garnered national attention since the Colorado Court of Appeals' decision in May 2015,...more

CFPB Releases 2016 Rulemaking Agenda

On May 18, 2016, the Consumer Financial Protection Bureau (CFPB) announced its Spring 2016 Rulemaking Agenda, setting forth its current initiatives. In its latest installment of the semi-annual update, the Bureau highlighted...more

And in this corner: Judicial referees as alternatives to juries in California

More than 10 years ago, California’s highest court held that pre-dispute contractual jury waivers were not enforceable. However, the Court directed contract parties to two safe havens from juries: arbitration and judicial...more

Examining Denver’s new construction defect reform ordinance

Construction defect reform is a hot-button issue in Colorado. This is especially true along the booming Front Range, where rapidly increasing population has driven the prices of renting and buying property a mile high....more

Construction Group News: Arbitrators' Award of Attorney's Fees Thrown Out Because the Parties' Agreement Did Not Provide for It

The Massachusetts Supreme Judicial Court recently voided an arbitration panel’s award of attorney’s fees because the terms of the parties’ arbitration agreement did not specifically provide that the prevailing party could be...more

The More the Merrier: Court Rejects Waiver Argument, Enforces Arbitration Clause in Consumer Contract

A federal district court in Oklahoma recently rejected a defaulting borrower’s attempt to argue that her lender’s pursuit of foreclosure litigation waived the lender’s right to insist on arbitration of the borrower’s...more

Avoiding Gamesmanship in Appointing Appraisal Umpires

Appraisal has long been utilized as a tool for resolution of disputes over the amount of loss at issue in property insurance claims. Unfortunately, the appraisal process has devolved in recent years. What was once considered...more

New York Commercial Division to Tighten Eligibility Requirements For Two Categories of Disputes

Parties and counsel involved in disputes arising out of domestic arbitrations or home improvement contracts soon will have to clear heightened eligibility requirements before being able to proceed in the Commercial Division...more

Utah Legislative Update

The 2015 Legislative Session in Utah came to a close earlier this year and the lien laws once again got a makeover, although not as significant as prior changes the past few years. Prior to this session, the biggest change...more

Hawaii Finds Arbitration Agreement With “Severe Limitations on Discovery” is Unconscionable

Hawaii issued a bold arbitration decision this month. It applied its state contract law to conclude that the parties did not form a clear arbitration agreement, but even if they did, it was unconscionable because it...more

Wisconsin's Supreme Court Creates More Power for the Arbitrator

Most commercial litigators know that a circuit court will enforce an arbitration agreement as long as a given dispute falls within the agreement’s scope. What is or is not within the scope of an agreement, however, has not...more

Construction Defect Reform Bill Defeated

Senate Bill 15-177, a bill introduced to reform Colorado’s construction defect litigation process, was defeated in a House of Representatives Committee on April 28, 2015 without being presented for a full vote in the House....more

Banking & Financial Services E -Note - March 2015

In This issue: - 6 Things You Need to Know Before Filing Chapter 11 Bankruptcy - Don’t Get Left in the Dark: Pre-eviction Noticing Requirements Following Sunset on the Protecting Tenants at Foreclosure...more

Arbitration Agreements in Residency Contracts Offer Valuable Protections—Part II

As I explained back in December, arbitration agreements can save your company a significant amount of money. However, not all arbitration agreements are created equal. Although the law varies from state to state, here...more

Arbitration Denied In Mortgage Life Insurance Dispute Where Neither Note Nor Policy Referenced Arbitration Agreement

A court refused to compel arbitration in a dispute surrounding the cancellation of and failure to pay life insurance benefits under a debtor group life insurance policy. The relevant note and insurance policy did not contain...more

Florida’s Fifth District Holds Method of Repair is within the Scope of Appraisal and a Party’s Attorney may not Serve as a...

In Florida Insurance Guaranty Assoc., v. Branco, 39 Fla. L. Weekly D2020a (Fla. Dist. Ct. App. 5th Dist. Sept. 19, 2014), the Fifth District affirmed in part and reversed in part a Hernando County trial court’s order...more

Fifth Circuit Holding Breathes Life Back Into the Contractual Liability Exclusion

Liability insurance policies typically exclude coverage for obligations arising out of the insured’s “assumption of liability in a contract or agreement.” Earlier this year, the Texas Supreme Court took a narrow view of this...more

Appellate Court Notes

SC19089 - Travelers Casualty & Surety Co. of America v. Netherlands Ins. Co. - Travelers brought a declaratory judgment action, claiming that the Netherlands Insurance Company had to participate in the defense costs of...more

Report From Counsel: Insights and Developments in the Law - Summer 2014

In this Issue: - Small Businesses and Job Discrimination - Noncompetition Agreements and Arbitration - Real Estate Deals Gone Wrong - Ensure Your Financial Privacy - Excerpt from Small...more

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