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Actual or Constructive Knowledge Due Diligence

FordHarrison

Non-Compete News – Third Circuit Says Tortious Interference with a Non-Compete Requires Actual Knowledge of the Agreement at Issue

FordHarrison on

An employer hiring an individual known to be subject to a non-compete contract can expect to be accused of tortiously interfering with that contract. On the other hand, the hiring employer should be innocent of wrongdoing if...more

Carlton Fields

Third Circuit Adopts Constructive Knowledge Standard To Reverse Vacatur Of Award

Carlton Fields on

The Third Circuit reversed an order vacating an arbitration award after concluding that the plaintiff had waived its right of waiver. In the decision, the Third Circuit joined the First, Second, Eighth, and Ninth Circuits in...more

Locke Lord LLP

Third Circuit Applies Constructive Knowledge Standard And Finds Waiver Of Arbitration Panel Challenge

Locke Lord LLP on

The U.S. Court of Appeals for the Third Circuit has found that post-award objections to an arbitrator were waived because the party had constructive knowledge of the arbitrator’s insufficient disclosure. The court held that a...more

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