Arbitration agreements, and their use as a means to avoid class action disputes in particular, have been repeat news items in the last several years, and many employers continue to consider their use as a means to mitigate...more
A New York federal district court denied Transatlantic Reinsurance Company’s petition to compel National Indemnity Company (“NICO”) to submit to arbitration. While the court’s order does not provide the basis for its ruling...more
A New York federal court recently was presented with a motion to compel arbitration in Georgia. The district court first concluded that the arbitration provision was enforceable and then proceeded to the question of whether...more
The Tenth Circuit recently affirmed a district court’s denial of a motion to compel arbitration in a securities fraud lawsuit brought by two investors in a company. The basis for the motion to compel was an arbitration...more
The Tenth Circuit Court of Appeals and a federal district court in Michigan have each issued opinions on motions to compel arbitration. In the Michigan opinion, the court granted a motion for summary judgment, in favor of the...more
The following recent cases analyzed whether the parties entered into a valid agreement to arbitrate and under what circumstances a court may consider that issue.
Dasher v. RBC Bank (U.S.A.), No. 13-10257 (11th Cir....more
The Third Circuit recently vacated a lower court’s decision granting a motion to compel arbitration of (1) direct claims by certain cardiac services health providers against CIGNA and...more
I field a lot of good procedural questions about how arbitration pleadings should be styled. Some of them are answered within the text of the FAA, but many of them leave clerks of court and practitioners scratching their...more
The Sixth Circuit recently answered a question I get asked regularly: does an arbitration clause survive the termination of the contract containing it? I usually say yes, and thankfully the Sixth Circuit backed me up....more
A federal court of appeals has affirmed a district court’s decision that parties to a pending lawsuit waived their right to compel arbitration by waiting 11 months after that lawsuit was filed to invoke their right. Instead...more
Defendant Avaya Inc. appealed an order by the NJ Superior Court denying its motion to compel arbitration in a case we filed on behalf of our Client SAE. We argued that Avaya waived its right to arbitration because it (1)...more
On January 28, Judge Denise Cote of the U.S. District Court for the Southern District of New York denied Goldman Sachs’s motion to compel arbitration for RMBS claims brought by the National Credit Union Administration (NCUA)....more
In Porreca v. Rose Group, No. 13-1674 (E.D. Penn. Dec. 11, 2013), an employee attempted to bring class claims for violations of the wage and hour provisions of the FLSA against its restaurant employer in federal court. The...more
In Volpe v. Interpublic Group of Companies, Inc., No. 652308/2012, Judge Eileen Bransten denied plaintiff Ray Volpe’s (“Volpe”) motion to compel arbitration and granted defendant The Interpublic Group of Companies, Inc.’s...more
RECENT CASE SUMMARIES -
GOOD NEWS FOR ARBITRATORS FROM THE SUPREME COURT?
Oxford Health Plans LLC v. Sutter, 133 S. Ct. 2064 (2013).
In a non-reinsurance case, the United States Supreme Court recently...more
In Richards v. Ernst & Young, The Ninth Circuit reversed the District Court’s denial of defendant’s motion to compel arbitration of state wage and hour claims asserted by a former employee.
The District Court had...more
In a post last week, we noted a recent trend of federal courts strongly enforcing employment arbitration agreements under the Federal Arbitration Act (“FAA”)....more
The US Court of Appeals for the Sixth Circuit recently affirmed a district court’s decision to grant defendant-appellee TRW Vehicle Safety Systems, Inc.’s (TRW) motion to compel arbitration, finding that TRW retirees were...more
IN THIS ISSUE:
- Recent Case Summaries
- Recent Speeches and Publications
- Excerpt from Recent Case Summaries:
CALIFORNIA FEDERAL COURT GRANTS MOTION TO COMPEL PRODUCTION OF REINSURANCE DOCUMENTS AND...more
N.H. Ins. Co. v. Magellan Reinsurance Co., Ltd., No. 02-12-00196-CV, 2013 WL 1830349 (Tex. App. Fort Worth May 2, 2013).
A Texas appellate court held that a cedent was judicially estopped from compelling arbitration. ...more
On May 28, the U.S. Court of Appeals for the Third Circuit resolved an inconsistency in the circuit regarding the standard a court should apply when deciding a motion to compel arbitration. Guidotti v. Legal Helpers Debt...more
Pine Top Receivables of Illinois, LLC v. Banco De Seguros Del Estado, No. 12 6357, 2013 U.S. Dist. LEXIS 15246; 2013 U.S. Dist. LEXIS 28040 (N. D. Ill. Feb. 5 & 25, 2013).
An Illinois federal court in two decisions...more
In an opinion that feels a bit like a report from the annual meeting of arbitration nerds, the Third Circuit last week clarified when district courts must allow discovery about arbitrability. ...more
Resolving an issue "of utmost importance" that has divided the district courts, the Third Circuit yesterday clarified the legal standards that district courts should apply in deciding a motion to compel arbitration....more
Two federal circuit courts recently reversed district court decisions allowing non-signatories to compel arbitration. The analysis emphasizes that for a defendant to prove equitable estoppel compels arbitration, the...more
Back to Top