News & Analysis as of

Arbitration Wells Fargo

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Kohrman Jackson & Krantz LLP

Mass Arbitration as a Tennis Match: No Love Here

For the past few years, following the machinations of mass arbitrations has been like watching a tennis match. First one side hits a volley, then another returns, and on-and-on with the opposing sides continually stuck in...more

Burr & Forman

FINRA Report Denies Arbitrator Selection Manipulation

Burr & Forman on

On June 29, 2022, FINRA released the report of its independent investigation, concluding that allegations of a “secret agreement” to avoid certain arbitrators on an industry lawyer’s cases were untrue. The allegations...more

Carlton Fields

Court Confirms Arbitration Award Against Parties Who Failed to Attend Arbitration

Carlton Fields on

The Northern District of Texas has confirmed an arbitration award for Wells Fargo against Energy Product Co. and Energy Transport and Logistic LLC. Neither Energy Product nor Energy Transport participated in the arbitration...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 17, 2019

Carlton Fields on

Real Property Update - Sanctions / Dismissal: trial court abused discretion in dismissing bank’s foreclosure action; record established bank complied with discovery orders on which the motion for dismissal/sanctions was...more

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

Saudi Arabia is pushing OPEC and its allies to cut oil production in 2019, and it’s doing its own part by exporting 500,000 fewer barrels a day in December than now—all an attempt to “counter the price rout battering the...more

Carlton Fields

The Eleventh Circuit Found No Waiver Of Right To Compel Arbitration Against Unnamed Class Members

Carlton Fields on

In sum, the case involves five consolidated class actions brought in Florida federal court against banks by bank customers in 2008 and 2009 alleging that they were unlawfully charged overdraft fees....more

Balch & Bingham LLP

Eleventh Circuit: No Waiver of Arbitration Rights Despite Waiting for Class Certification

Balch & Bingham LLP on

In a win for defendants, the Eleventh Circuit recently held that a party does not waive its right to compel arbitration for the claims of unnamed class members even if it has waived that right as to the named class...more

Polsinelli

Waiver Redux: Appeals Court Confirms That Arbitration of Unnamed Class Member Claims Not Waived Following Certification Decision

Polsinelli on

The Eleventh Circuit Court of Appeals recently held that a litigant may enforce its contractual arbitration provision as to absent class members despite not obtaining a ruling on the issue at the outset of the case. The right...more

BakerHostetler

Gutierrez v. Wells-Fargo Bank – Eleventh Circuit Sheds More Light on Waiver of Arbitration Rights in Putative Class Setting

BakerHostetler on

Whether a defendant has waived its right to arbitrate as to unnamed class plaintiffs has been a troubling issue. Some courts base their analysis on their lack of jurisdiction over unnamed putative class members. ...more

BakerHostetler

Eleventh Circuit Sides with Wells Fargo on Post-Class Certification Motion to Compel Arbitration

BakerHostetler on

Wells Fargo achieved a significant victory on Thursday in decade-old litigation over allegedly unlawful overdraft fees when the Eleventh Circuit held that Wells Fargo had not waived its right to compel arbitration as to the...more

Carlton Fields

Second Circuit Rejects Manifest Disregard Of Law As A Basis For Vacating An Arbitration Award

Carlton Fields on

A panel of the Second Circuit has, in an unpublished summary order, emphasized the high bar that must be cleared by a party seeking to vacate an arbitration award. The matter arose from the decision of a financial advisor...more

BakerHostetler

Who Decides the Availability of Class Arbitration? Second Circuit’s Analysis Is a Bit Murky in Wells Fargo Advisors Cases

BakerHostetler on

For years, courts have struggled with who decides the availability of class arbitration and the applicable standards. We most recently addressed the thorny issues in a March 23, 2016, blog post. Unfortunately, a recent Second...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending September 8 & 15, 2017

Carlton Fields on

REAL PROPERTY UPDATE - Summary judgment: trial court erred by denying borrower’s motion to amend answer and defenses, and therefore erred in entering summary judgment in favor of lender. Reyes v BAC Home Loans Servicing...more

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

Wells Fargo has reportedly uncovered another trove of unauthorized accounts, according to a regulatory filing on Friday. The bank also disclosed a CFPB investigation over potential harm to customers over its practice of...more

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

Here’s an interesting take on the future of the labor market (especially for an emerging generation that is better with a screen than eye contact)—because robots and AI will be able to take over anything that’s routine,...more

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

A new trading link dropping next week will give international investors access to more than 800 stocks listed on China’s Shenzhen stock market, the boom/bust venue best known for its “rampant speculation”....more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending May 13 & May 20, 2016

Carlton Fields on

REAL PROPERTY UPDATE - Contracts/Personal Liability: official title of “President” underneath signor’s signature on contract did not shield individual from personal liability because contract language reflected...more

Morris James LLP

Court Of Chancery Explains The Continuing Wrong Doctrine

Morris James LLP on

It is settled law that a cause of action accrues when the wrong is committed, not when its effects continue to be felt in the future. But as this decision makes clear, that is not always the case. When additional wrongdoing...more

Saul Ewing LLP

Reinsurance Redux - December 2012

Saul Ewing LLP on

In This Issue: - Southern District of New York Orders Arbitration Panel to Proceed with Umpire Selection: Finding the Federal Arbitration Act mandates that a provision in a reinsurance agreement establishing a...more

19 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide