News & Analysis as of

Evidence Arbitration

What Evidence is Required to Implement Random Drug and Alcohol Testing Policies in Safety Sensitive Workplaces?

by Field Law on

On September 28, 2017, the Alberta Court of Appeal issued its decision on Suncor Energy Inc v Unifor Local 707A, which considered the degree of evidence required to justify a random alcohol and drug testing policy. By way of...more

Court Affirms Arbitration Award, Finding No Violation Of Due Process Where Party Elected Not To Present Certain Evidence

by Carlton Fields on

Wilson, a former salesperson for Oracle, had unsuccessfully appealed the amount of her commission through Oracle’s internal compensation review process. Wilson then submitted a claim for arbitration alleging breach of...more

Down, but not out – initial adverse decision not a bar to future recovery of .ca domain name

by Smart & Biggar on

A pair of recent decisions under the Canadian Internet Registration Authority (“CIRA”) Domain Name Dispute Resolution Policy (“CDRP”) demonstrate that a trademark owner who fails to obtain a domain name transfer at a first...more

Court Confirms Interim Arbitration Award Requiring Posting Of Pre-Hearing Security

by Carlton Fields on

Respondent moved for an immediate stay of an arbitration of claims relating to the purchase of insurance and to vacate the panel’s interim award requiring the posting of pre-hearing security.  Petitioner moved to confirm the...more

U.S. Witnesses Are at Risk in UK Proceedings: 3 Ways to Protect Your Client

by Kobre & Kim on

Given the differences between the U.S. and UK’s standards for preparing witnesses, the oral evidence that a U.S. witness gives in a UK court is particularly vulnerable to attack and subjugation by a UK judge or opposing...more

Court Upholds Arbitration Award Despite Challenge To Arbitrator’s Use Of Excluded Evidence

by Carlton Fields on

Jersey Shore University Medical Center discharged a staff nurse employee for her actions when a female patient was assaulted by another patient in the nurse’s assigned work area. A labor organization that represents employees...more

Defence & Indemnity - February 2017: IV. PRACTICE ISSUES A.

by Field Law on

IV. PRACTICE ISSUES A. The doctrine of abuse of process does not preclude re-litigation of the issue of whether or not an individual was insured in a priority dispute between insurers in the face of that individual’s having...more

Ninth Circuit Confirms Arbitration Award Challenged For Lack Of “Reasoned Opinion”

by Carlton Fields on

Petitioner Daniel Olson brought an action in federal court seeking vacatur of an award against him in arbitration of an employment dispute. He challenged the arbitration award for lack of a “reasoned opinion” and failure of...more

Growing Small Satellite Market Spawning Litigation

Virgin Galactic expanded and continued its attack on its former VP of Propulsion, Thomas Markusic, and his new company, Firefly Space Systems, this month. Markusic co-founded Firefly around the time he left Virgin Galactic,...more

In Top “Form” – The NY Commercial Division’s Continuous Efforts to Increase Efficiency and Reduce Litigation Costs

As outlined in previous posts, the New York Commercial Division seeks to be a forward-thinking forum that adopts rule changes aimed at increasing efficiency and decreasing litigant costs. In August, a revised Model...more

Post-dismissal doctor’s report was relevant: disabled employee reinstated for further consideration of possible accommodation,...

by Dentons on

An employee whose medical condition had improved both before and after termination has been reinstated for further consideration of possible accommodations, after an arbitrator relied on a doctor’s assessment done after...more

Clarifying Irving: Can an Alberta Employer Implement a Random Drug and Alcohol Testing Policy in a Safety Sensitive Workplace?

by Field Law on

Despite a new decision on the issue from the Alberta Court of Queen’s Bench (the “Court”) on May 18, 2016, the answer to this question remains “maybe.” The Court has, however, provided us with a measure of clarity concerning...more

Non-Party Document Discovery in Arbitration: Does It Exist?

by Pepper Hamilton LLP on

Limited discovery (and the associated cost savings) is often touted as one of the benefits of arbitration over traditional litigation. Parties are generally confident that even the scaled-back discovery devices available in...more

Third Time’s The Charm: Eastern District Of Michigan Remands Arbitration Award For Failing To Allow Party To Present Evidence

by Carlton Fields on

On motion to vacate an arbitration award, a Michigan federal court held that the award lacked fundamental fairness and remanded to the same arbitrator with instructions to allow Plaintiffs their “opportunity to present...more

Moving Toward an Orderly Uninsured Motorist Arbitration-Part 2 Rule 3.823

Woodland Hills personal injury attorney Barry P. Goldberg is a student and expert on all things “Uninsured” and “Underinsured.” In fact, Barry P. Goldberg has written extensively on Uninsured Motorist topics for years and is...more

Witnesses in Arbitration – California Arbitration Act (Part I)

by JAMS on

Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable). This...more

Deflategate’s Lessons for Civil Arbitrations

by Burr & Forman on

Unless you live under a rock, you’ve heard about “Deflategate:” The Patriots’ use of allegedly under-inflated footballs during their 45-7 win over the Colts in last-year’s AFC Championship. In a 40-page opinion issued...more

IT Project Disputes Management - Managing the Cloudy Skies

by DLA Piper on

In this issue: - Overview of Presentation - Prevention is better than cure - Fix problems in the design phase - Early diagnosis and treatment of problems - So what do you do? - Areas of major...more

Fabricating Evidence and Losing Arbitration

by McDermott Will & Emery on

Seagate Tech., LLC v. W. Digital Corp - Addressing an issue of whether an arbitrator inappropriately sanctioned a party that had been found to have fabricated evidence and whether the arbitrator refused to consider...more

Quirky Question #248, Is arbitration really better than court?

by Dorsey & Whitney LLP on

Question: My company is considering implementing a policy of mandatory arbitration of employment disputes. Putting aside the legal considerations, is this practically a good idea?...more

Trade Secret Plaintiff Goes Three Rounds, Takes a Beating

Last week, New York attorney Douglas R. Dollinger asked the Honorable Vince Chhabria of the Northern District of California to reconsider an order sanctioning Dollinger and his client to the tune of $93,365.92 in monetary...more

A Digest of the China (Shanghai) Pilot Free Trade Zone Arbitration Rules: A More Liberal Development of Arbitration Practice in...

by Dechert LLP on

After splitting from the China International Economic and Trade Arbitration Commission (the CIETAC) through the notable “CIETAC split” event in 2012, the Shanghai International Economic and Trade Arbitration Commission (the...more

Arbitration Awards Cannot Be Vacated Just Because Arbitrator Excluded Evidence

In two decisions this week, courts consider whether arbitration awards can be violated based on arbitrators’ decisions to exclude evidence. ...more

Court Affirms Arbitrator’s Decision To Preclude Party From Defending Against Claim As Sanction For Fabricating Evidence

In a decision that confirms arbitrators’ broad discretion to not only fashion remedies, but also fashion sanctions, the Minnesota Court of Appeals held that an arbitrator did not exceed his power by issuing a severe sanction:...more

Federal Procedure Update - 2012

by Jackson Walker on

I. FEDERAL PROCEDURE - A. Overview of Article. The purpose of this article is to provide summaries and brief discussion of significant recent cases from the United States Supreme Court, the United States Circuit...more

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