News & Analysis as of

Jurisdiction Motion to Compel

Seyfarth Shaw LLP

Beyond the 100 Mile Rule: Court of Appeal Affirms District Court’s Power to Compel Attendance of Distant Witnesses and Unveil...

Seyfarth Shaw LLP on

What is the range of a federal district court’s power to compel a nonparty’s attendance at a hearing? Every practicing litigator knows the answer—“within 100 miles of where the person resides, is employed, or regularly...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Rules Trial Courts Must Stay, Not Dismiss, Lawsuits During Arbitration

On May 16, 2024, the United States Supreme Court resolved a circuit split regarding whether Section 3 of the Federal Arbitration Act (“FAA”) provides trial courts the discretion to dismiss a lawsuit when all claims are...more

Troutman Pepper

Supreme Court Rules District Courts Must Issue Stays Pending Arbitration

Troutman Pepper on

Yesterday, the U.S. Supreme Court issued a unanimous decision in Smith v. Spizzirri holding that § 3 of the Federal Arbitration Act (FAA) requires district courts to issue an order staying a federal case pending the outcome...more

Goldberg Segalla

Hawaii Court Grants Motion to Compel Genetic Testing in Asbestos Lawsuit

Goldberg Segalla on

On August 30, 2023, a Hawaii court ruled on 3M’s motion to compel blood sampling for the purposes of genetic testing in an asbestos matter. Hawaii First Circuit Judge James H. Ashford granted 3M’s motion in the McCabe v. 3M...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

In Big Win for Employers, U.S. Supreme Court Rules Court Proceedings Must Be Stayed During Appeal Over Arbitration

On June 23, 2023, the Supreme Court of the United States held district court proceedings must be put on hold during an appeal on the question of whether claims are subject to arbitration. The ruling is a big win for...more

Carlton Fields

First Circuit Holds That New York Convention Preempts Puerto Rican Law

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The First Circuit Court of Appeals has held that the New York Convention applies to an insurance arbitration dispute between a Puerto Rican company and Lloyd’s of London and that the convention preempts a Puerto Rican law...more

Eversheds Sutherland (US) LLP

US Supreme Court weighs whether discovery should continue pending interlocutory appeal

Last week the US Supreme Court heard arguments regarding whether the interlocutory appeal of a denial of a motion to compel arbitration should also automatically stay proceedings in the trial court such as discovery. The...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court to Hear Case on Whether Lawsuits are Stayed During Appeal of Denial of Motion to Compel Arbitration

On December 9, 2022, the Supreme Court of the United States granted a petition for certiorari in a case raising the question of whether a non-frivolous appeal to the denial of a motion to compel arbitration strips the...more

Fish & Richardson

Minnesota Patent Litigation Wrap-Up - Q1 2022

Fish & Richardson on

This post continues our summary of substantive orders in patent litigation in the District of Minnesota. This summary includes discovery relevant to willfulness findings, stays under the customer suit exception, and...more

Rosenberg Martin Greenberg LLP

Fourth Circuit Takes Pendent Jurisdiction Over Appeal of Trial Court Order to Compel Arbitration Despite A Seeming Prohibition in...

The Federal Arbitration Act establishes a federal policy in favor of arbitration agreements and provides for enforcement in federal court of many agreements to arbitrate. 9 USC §§ 1, 4. Section 16(b) of the Arbitration Act...more

Goodwin

Fifth Circuit Holds That Waiver of Right To Arbitrate Is Claim Specific

Goodwin on

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

McDermott Will & Emery

Ninth Circuit Still Signals Shift in Arbitration Landscape for Non-Signatories

McDermott Will & Emery on

In a decision substantively the same as the now-withdrawn opinion entered on January 20, 2021, the US Court of Appeals for the Ninth Circuit once again affirmed denial of a non-signatory’s motion to compel arbitration. Setty...more

Carlton Fields

Court Denies Motion To Compel Arbitration and To Appoint Arbitrators Where Parties Had Agreed To Arbitrate and There Was No...

Carlton Fields on

In a case where both the plaintiffs and the defendant agreed the matter should be arbitrated, the Southern District of Ohio refused to compel arbitration and denied the plaintiffs’ motion for the appointment of arbitrators....more

Carlton Fields

Eleventh Circuit Affirms Denial of Motion to Arbitrate Where Appellant Was Not a Party to Arbitration Agreement

Carlton Fields on

The Eleventh Circuit Court of Appeals recently affirmed the denial of a motion to arbitrate where the appellants were not parties to the agreements containing arbitration clauses. The court also concluded that equitable...more

Carlton Fields

Third Circuit Affirms Denial of Motion to Compel Car Rental Class Action to Arbitration Based on Insufficiently Incorporated...

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Seven plaintiffs filed a putative class action against a car rental company and its subsidiary for allegedly unauthorized charges incurred when the plaintiffs rented cars from the company....more

Burr & Forman

Fifth Circuit Finds Jurisdiction Over Post-Award Proceedings Under FAA

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While the Federal Arbitration Act (“FAA”) does not provide federal subject matter jurisdiction, federal courts may nevertheless have jurisdiction over proceedings to compel arbitration if the underlying claim is “predicated...more

Carlton Fields

Southern District Concludes That Invocation of AAA’s Rules Subjects Arbitrability Questions to Arbitrator, Rejects Waiver Claim

Carlton Fields on

The Southern District of New York declined to decide arbitrability questions after the arbitration agreement at issue incorporated the rules of the American Arbitration Association, which include a rule that arbitrators...more

Bradley Arant Boult Cummings LLP

Silence Isn’t Always Golden—Sometimes It Lands You in Class Arbitration

As this blog has previously discussed, the availability of class arbitration has been significantly restricted after a series of U.S. Supreme Court decisions. However, we have also noted that express preclusion of class...more

Mintz - Arbitration, Mediation, ADR...

Who Decides the “Class Arbitrability” Issue: Fifth Circuit Joins Consensus That It Is a Court, Not an Arbitrator, But Evidently...

Add the Fifth Circuit to the growing list of Federal Circuit Courts that have decided that “class arbitrability” is a gateway question for a court, rather than an arbitrator, to decide in the first instance, absent the...more

Moore & Van Allen PLLC

U.S. Supreme Court Said “No” to Class Arbitration in Employment-Related Data Breach Dispute Because Arbitration Agreement...

Moore & Van Allen PLLC on

The U.S. Supreme Court issued two 5-4 decisions in as many months regarding class procedures. Lamp Plus, Inc. v. Varela, 587 U. S. ____ (2019) was favorable to corporate defendants by limiting the availability of class...more

King & Spalding

Supreme Court Rules Class Arbitrations Must Be Explicitly Authorized

King & Spalding on

On April 24, 2019, in a 5-4 decision split along ideological lines, the Supreme Court held in Lamps Plus, Inc. v. Varela that class arbitration is not available where arbitration agreements are unclear about whether the...more

Ervin Cohen & Jessup LLP

Good News for Employers: Express Consent Required for Class Arbitration

Last year, the United States Supreme Court ruled that class action waivers in employment arbitration agreements are enforceable. But, the ruling did not address an agreement that is silent or ambiguous regarding the intent to...more

Vedder Price

Class-Wide Arbitration May Not Be Compelled in the Face of an “Ambiguous” Arbitration Agreement

Vedder Price on

In a case with important implications for employers, Lamps Plus, Inc. v. Varela, the United States Supreme Court held that class-wide arbitration may not be compelled pursuant to an arbitration agreement that is ambiguous as...more

Carlton Fields

Supreme Court’s Lamp Plus Brings Ambiguity in Classwide Arbitration to Light

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In 2016, a hacker tricked an employee of petitioner Lamps Plus Inc. into disclosing tax information of about 1,300 company employees. ...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Says Arbitration Agreements Exclude Class Arbitration Absent Consent

In last year’s Epic Systems decision, the U.S. Supreme Court held that the Federal Arbitration Act (FAA) allows mandatory arbitration agreements that preclude class or collective action claims. In other words, a party to the...more

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