Motion to Compel Breach of Contract

News & Analysis as of

Eight [Months] Is Enough — To Waive Your Arbitration Rights

Today’s post is brought to you by the number 8. The 8th Circuit Court of Appeals issued a new opinion yesterday finding that a defendant who litigated in court for 8 months waived its right to arbitrate (aka, ARBITR8)...more

Collado v. J & G Transport, Inc. – When a Waived Right to Arbitrate is Revived

Some may have thought that once waived, the right to arbitrate is gone forever. No so! The Eleventh Circuit decision in Collado v. J & G Transport, Inc., No. 15-14635 (11th Cir. April 21, 2016) is but the latest example. In...more

In 3 Recent Decisions, Supreme Court of Arkansas Deeply Divided on Arbitration

The Supreme Court of Arkansas has issued three opinions within the span of four weeks, all on the topic of whether defendants can compel arbitration. Each of the opinions came with a vigorous dissent. The cases offer an...more

Court Denies Party’s Motion To Compel Arbitration And Stay Court Proceedings Due To Party’s Waiver Of Arbitration Rights By...

A Colorado federal court denied a party’s motion to compel arbitration, finding that the party had previously waived its right to arbitrate the dispute by defaulting and failing to pay its share of arbitration fees in an...more

Success in Discovery Requires More Than the Best-Laid Plans of Mice and Men

According to popular legend, in 1786, Scottish poet Robert Burns wrote that the “best-laid plans of mice and men often go awry” as part of his apology to a mouse whose nest he destroyed while ploughing a field. These words...more

The Alabama Supreme Court Allows a Second Bite at the Arbitration Apple

Could a failure to participate in a court-ordered arbitration be enough to waive a party’s right to arbitration? A recent decision of the Alabama Supreme Court suggests it is not. In 2010, Yan Chen entered into a lease...more

Waiving the Right to Appraisal Just Got Easier in Texas

Any Texas lawyer with even a passing interest in insurance law knows that if you want to see sparks fly, just utter the word “appraisal” near a couple of insurance lawyers. If you really want fireworks, make sure one...more

Court Orders New Search Parameters for Document Preservation (Louisiana)

New Orleans Reg'l Physician Hosp. Org., Inc. v. United States, 2015 WL 5000512 (Fed. Cl. Aug. 21, 2015) - In this breach of contract case, the plaintiff alleged that the defendant refused to provide promised...more

Texas Supreme Court Holds Builder’s Limited Defensive Participation in Litigation Did Not Waive Right to Compel Developer to...

G.T. Leach Builders, LLC v. Sapphire V.P., 2015 Tex. LEXIS 273 (Tex. Mar. 20, 2015) This action arose after 2008’s Hurricane Dolly caused extensive damage to a luxury condominium project that Sapphire V.P., L.P. (“Developer”)...more

Plaintiffs Not Obligated to Produce Data Maintained by Ediscovery Vendor (Illinois)

Alban v. Bank of Am. Corp., 2014 WL 6704293 (N.D. Ill. Nov. 24, 2014). In this breach of contract case, the defendants sought a motion to compel and sanctions against the plaintiffs for failing to produce data...more

Estée Lauder v. OneBeacon Insurance Group – Expanding the Scope of Discovery in Bad Faith Cases

On April 15, 2013, the Supreme Court of the State of New York, County of New York, granted the insured’s request for the production of certain claims file material and previously sealed discovery in Estée Lauder Inc. v....more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- December 12, 2012

In This Issue: Celador Int’l Inc. v. American Broadcasting Companies, Inc., USCA Ninth Circuit, December 3, 2012 (unpublished opinion): Ninth Circuit upholds $269 million jury award against ABC and other Disney...more

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