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Injunctions Arbitration

Proskauer - Labor Relations Update

Eighth Circuit Upholds NLRB Bad Faith Bargaining Decision and Broad Remedies Order

On April 8, 2024, the U.S. Court of Appeals for the Eight Circuit, in United Food & Com. Workers’ Union, Loc. No. 293 v. Noah’s Ark Processors, LLC, No. 23-1895 (8th Cir. 2024), upheld the National Labor Relations Board’s...more

Proskauer - California Employment Law

March 2024 California Employment Law Notes

We invite you to review our newly-posted March 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more

Bennett Jones LLP

Arbitration, Court and Interim Injunctions: The Tricky Issue of Jurisdiction

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The recent Court of King's Bench of Alberta decision in 2329716 Alberta Ltd v. Randhawa [Randhawa] considered whether the court has jurisdiction to hear an interim injunction where the contracting parties agreed to resolve...more

CDF Labor Law LLP

Ninth Circuit Delivers Employers a Valentine – Blocks California’s Bar to Mandatory Employment Arbitration Agreements

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The Ninth Circuit gave California employers a belated Valentine’s Day present by upholding the District Court’s injunction against enforcement of California Assembly Bill 51 (“AB 51”) because it inhibited arbitration contrary...more

McGlinchey Stafford

Is The TCPA Constitutional? - The Bullet Point: A Commercial Law Bulletin

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The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more

Fenwick & West LLP

9th Circuit: Core Provisions of California’s AB 51 Are Not Preempted by Federal Law

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A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has issued its long-awaited ruling on the appeal of a California trial court’s injunction that prohibited the State of California from enforcing AB 51,...more

Stokes Wagner

California Law Limiting Mandatory Arbitration Agreements is Mostly Upheld by the Ninth Circuit

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On September 15, 2021, the Ninth Circuit lifted an injunction and mostly upheld a California law, known as Assembly Bill 51 (“AB-51”), that prohibits mandatory arbitration agreements. AB-51 invalidates mandatory arbitration...more

Hogan Lovells

New year, new views - arbitration highlights in the Year of the Rat

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As the world welcomes in the Year of the Rat, we take a look back at five recent decisions that made big waves in the Year of the Pig in their different ways, across Hong Kong, Singapore, and England. ...more

Smith Debnam Narron Drake Saintsing & Myers,...

Fifth Circuit Pumps The Brakes On Arbitration

In a recent appeal directly to the Fifth Circuit from a Southern District of Texas Bankruptcy Court, the court affirmed the bankruptcy court’s denial of a motion to compel arbitration. In Henry v. Educational Financial...more

Akin Gump Strauss Hauer & Feld LLP

Anti-Arbitration Injunctions: The Implications of Sabbagh vs Khoury

In Sabbagh v. Khoury [2019] EWCA Civ. 1219, the English Court of Appeal has held that English courts have the power, in “exceptional cases”, to grant anti-arbitration injunctions to restrain an arbitration seated abroad—even...more

Carlton Fields

Eleventh Circuit Finds Removal Jurisdiction Is Included Within Federal Subject-Matter Jurisdiction Under the Convention on the...

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In 2001, Del Monte International GmbH and Inversiones y Procesadora Tropical INPROTSA, S.A. entered into an agreement for the production, packaging, and sale of MD-2 pineapples, a variety of pineapple that Del Monte had...more

Latham & Watkins LLP

English Court Issues Anti-Arbitration Injunction Restraining Lebanese Arbitration Proceedings

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Judgment clarifies the exceptional circumstances in which anti-arbitration injunctions against foreign-seated arbitrations might be granted. In Sabbagh v Khoury, Justice Knowles in the High Court issued an anti-arbitration...more

Carlton Fields

Multi-Million Russian Mall Investment Dispute Remains In Limbo As Ninth Circuit Vacates Turnover Order Requiring Release Of Assets...

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In a matter between Petitioner Vitaly Smagin and Respondent Ashot Yegiazaryan, the London Court of International Arbitration awarded Smagin about $72 million in damages plus about $20 million in interest and fees....more

Carlton Fields

Franchisees Lose Bid To Vacate Arbitration Award Enforcing Non-Compete Clause Despite Claim That Arbitrator Manifestly Disregarded...

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A set of former franchisees are prohibited from violating the terms of a non-compete clause with franchisor Wild Bird Centers of America (“WBCA”) for two years after the Fourth Circuit recently upheld the denial of their...more

A&O Shearman

Injunction protects rights in oil development pending arbitration

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A decision to exclude an oilfield joint venture partner from an Operating Committee meeting was a clear breach of an English court interim injunction and thus constituted a contempt of court. The decision shows the English...more

Shumaker, Loop & Kendrick, LLP

Are the New Emergency Relief Rules in Arbitration the Death Knell for Court-Ordered Injunctions Pending Arbitration?

Peter Silverman, partner in the Toledo office, presented "The New Emergency Relief Arbitration Rules – The Death Knell for Court-Ordered Injunctions Pending Arbitration?" at a national webinar sponsored by the American...more

Latham & Watkins LLP

International Arbitration Newsletter (Oct 2015)

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Anti-Suit Awards Are Compatible With the Original Brussels I Regulation. (Gazprom OAO v Republic of Lithuania, Case C-536/13, Judgment dated 13 May 2015) The European Court of Justice decision in Gazprom v....more

McDermott Will & Emery

Pre-Arbitration Injunction May Only Preserve Status Quo - Benihana, Inc. v. Benihana of Tokyo, LLC

In the context of a dispute surrounding a breach of a trademark license agreement that provided for arbitration of certain disputes, the U.S. Court of Appeals for the Second Circuit concluded that it was inappropriate for a...more

Bilzin Sumberg

Editorial: Florida's Arbitration Code Comes Of Age

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After nearly 50 years, the Florida Legislature in 2013 revised Florida's antiquated Arbitration Code by adopting most of the provisions of the 2000 revision of the Uniform Arbitration Act. The new law, now renamed the...more

Jackson Walker

Federal Procedure Update - 2012

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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

BakerHostetler

Patent Watch: Sanofi-Aventis Deutschland GmbH v. Genentech, Inc.

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On May 10, 2013, in Sanofi-Aventis Deutschland GmbH v. Genentech, Inc., the U.S. Court of Appeals for the Federal Circuit (Rader, Dyk, Reyna*) affirmed the district court's denial of Genentech's motion to enjoin Sanofi from...more

Pillsbury Winthrop Shaw Pittman LLP

Ninth Circuit: Injunctive Relief Claims Relating Only to Past Harms to a Limited Class Are Not Exempt From Arbitration

Following the U.S. Supreme Court’s decision favoring arbitration clauses in AT&T Mobility LLC v. Concepcion, the Ninth Circuit Court of Appeals held in Kilgore v. KeyBank, N.A. that the Federal Arbitration Act (“FAA”)...more

McNees Wallace & Nurick LLC

NLRB Decisions To Fall Like Dominos?

As you may have heard, the District of Columbia Circuit Court of Appeals recently sent shockwaves through the labor relations world by holding that President Obama's "recess" appointments to the National Labor Relations Board...more

Bennett Jones LLP

Canadian Courts Consider Alcohol and Drug Testing in the Workplace

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The Supreme Court of Canada (in Irving Pulp & Paper, Ltd. v. Communications, Energy and Paperworkers Union of Canada, Local 30) and the Alberta Court of Appeal (in Communications, Energy and Paperworkers Union, Local 707 v....more

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