A recent ruling by the U.S. Court of Appeals for the Seventh Circuit affirming a decision compelling arbitration provides a “how to” guideline for using online terms and conditions to form a binding agreement....more
In an important decision regarding the size and potential scope of a putative class, the United States District Court for the Southern District of Ohio recently granted a defendant’s motion to exclude from a class action all...more
While lawyers often advise owner and contractor clients to obtain the additional insured endorsements, the certificate of insurance (COI) remains the most common form of proof provided on many construction projects. But the...more
The Ninth Circuit Court of Appeals recently reversed a district court’s decision to deny a motion to compel arbitration in a case involving a request to refund the cost of airline tickets after a cancellation....more
I have practiced law for 40 years, with the vast majority of that time spent as a “construction lawyer.” I have seen great… and bad… construction lawyering, both when on the other side of a dispute, as well as when serving...more
The California Court of Appeals recently revisited the issue of the draconian deadline for paying arbitration fees established by California Code of Civil Procedure section 1281.97. In Suarez v. Superior Court of San Diego...more
On January 26, a Massachusetts Superior Court rejected an effort by the Massachusetts Attorney General (AG) to vacate an order that cast doubt on the constitutionality of a new Massachusetts liquor law....more
The Third Circuit Court of Appeals has affirmed a district court decision denying defendant MicroBilt Corp.’s motion to compel arbitration, finding the plaintiff had fully complied with all provisions of her arbitration...more
Arbitration can be an alternative to using a court to resolve your family law matter. It is a private proceeding that will likely take place in an office or online and tends to be less formal than court proceedings. The...more
Executive Summary: In a recent case, the Texas Supreme Court upheld the validity of an arbitration clause in a case that had been in litigation for over nine years without the claim ever being heard. See In re Whataburger...more
Whether it’s a custom-built home, a large housing development or a high-rise condominium or office building, legal disputes related to construction issues can be complicated. The number of primary defendants and third-party...more
In Morgan v. Sundance, the Supreme Court unanimously concluded this week that waiving arbitration rights does not require a showing that the party seeking to have their case heard in federal court would be prejudiced by...more
Market Trends: What You Need to Know - As shown in the American Bar Association’s Private Target Mergers and Acquisitions Deal Points Studies: Overall, alternative dispute resolution provisions are becoming less...more
American Integrity is the first insurance carrier to implement binding arbitration language and a waiver of the one-way attorney’s fee provisions into its Florida homeowner’s insurance policy. On February 10, 2022, the Office...more
Closely-held business owners often hope to avoid the costs and delays of litigation by including arbitration provisions in their partnership, shareholder, and operating agreements. Things can get tricky, though, when...more
The Maine Supreme Judicial Court recently issued its first opinion on the enforceability of contracts formed using a smartphone app. (Sarchi, et al. v. Uber Technologies, Inc., et al., 2022 ME 8) In a unanimous decision, the...more
On February 28, President Biden announced that the Department of Health and Human Services (HHS) will be issuing new regulations for nursing homes. HHS will be issuing regulations through the Centers for Medicare & Medicaid...more
On February 10, 2022, the U.S. Senate passed the Ending Force Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”, available here: H.R. 4445). President Biden is expected to sign the bill into law shortly. ...more
It is all but certain that mandatory arbitration clauses will no longer exist for workplace sexual assault and sexual harassment claims once the expected legislation many refer to as the #MeToo Arbitration Ban is signed by...more
On September 14, 2021, the United States Court of Appeals for the Fifth Circuit held that One Technologies, L.P. (One Tech) did not waive its right to compel arbitration of plaintiff’s federal claim under the Credit Repair...more
There’s a great argument that lawyer advocacy in an arbitration is more essential than at a trial in court. This is the last post of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I...more
Welcome to The Franchise Memorandum by Lathrop GPM. Below are summaries of recent legal developments of interest to franchisors. Fraud/Misrepresentation - Minnesota Federal Court Rules that Fraud and Misrepresentation...more
On February 18, 2021, the Florida Supreme Court held that binding arbitration of a consumer product warranty claim is categorically different from an informal dispute settlement program under the Magnuson-Moss Warranty Act...more
A lot of people believe that COVID has caused divorce cases to drag and the legal system to be ground to a halt – or at least, to lag behind. While that is certainly the case in some counties and more particularly, with some...more
In Skuse v. Pfizer Inc., the New Jersey Supreme Court allows continued employment as a means for consent to an agreement to arbitrate and confirms online communication and delivery to employees regarding arbitration...more