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Motion to Compel Equitable Estoppel

Carlton Fields

Tenth Circuit Finds Non-Signatory May Compel Arbitration Based on Equitable Estoppel

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Defendant SemGroup Corp. and intervenor-defendant Cypress Environmental Management-TIR appealed an Oklahoma district court order denying their motions to compel arbitration. The plaintiff, Robert Ferrell, was a Cypress...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Arbitration Two Ways

This week, the Ninth Circuit addresses the ability of non-parties to invoke arbitration agreements, and refreshes its law on the applicability of Eleventh Amendment sovereign immunity in the arbitration context. KIM NGO...more

Carlton Fields

Tenth Circuit Finds Equitable Estoppel Theories Allowed Non-Signatory to Rely on Arbitration Clause, Reverses Order Denying Motion...

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Plaintiffs Darrell Reeves and James King worked at Enterprise Products Partners through separate third-party staffing companies. Each plaintiff had a separate employment contract with his respective staffing company, which...more

Carlton Fields

Second Circuit Affirms Denial of Motions to Compel Arbitration in Suit Against Trump Corp. and Trump Family

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The Second Circuit recently affirmed the denial of motions to compel arbitration filed by, inter alia, the Trump Corp. and a nonparty from whom the plaintiffs sought discovery....more

Carlton Fields

West Virginia Federal Court Refuses to Force Non-Signatory to Participate in Arbitration

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Mountain Valley Pipeline LLC (MVP) contracted with U.S. Trinity Energy Services LLC for the construction and installation of the Mountain Valley Pipeline across property in Greenbrier County, West Virginia. Trinity...more

Kilpatrick

Second Circuit rules Trump parties forfeited arguments on appeal

Kilpatrick on

Takeaway: The importance of preserving issues for appeal when litigating a case before a trial court – from the outset of the case all the way through post-trial motions – cannot be overstated. As a general matter, a...more

Fox Rothschild LLP

A Review: State-Law Principles Allowing A Nonsignatory To Enforce An Arbitration Provision Against A Signatory May Be Applied To...

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In cases involving contracts between U.S. companies, courts frequently allow a nonsignatory to a contract to enforce an arbitration provision in the contract against a signatory, when the signatory to the contract relies on...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Independent or Intertwined?

This week, the Ninth Circuit simultaneously issued two decisions addressing the circumstances in which equitable estoppel can require a plaintiff to arbitrate a claim absent an arbitration agreement with the defendant. In the...more

Morrison & Foerster LLP - Class Dismissed

One ESTOPP Shop: The Ninth Circuit Weighs In On The Use Of Equitable Estoppel To Compel Arbitration In Two Recent Decisions

When can you compel arbitration of a putative class action? The law is developing quickly and still doesn’t provide a crystal clear answer. The Ninth Circuit recently weighed in on two cases examining what happens when the...more

Jackson Lewis P.C.

Second Circuit: Investment Advisor Not Covered By Plaintiff’s Employment Arbitration Agreement

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Second Circuit recently concluded that investment advisor Ruane Cunniff & Goldfarb must face a proposed class action under ERISA Section 502(a)(2) for breach of fiduciary duty relating to its...more

Carlton Fields

Ninth Circuit Denies Non-Signatory’s Bid to Compel Arbitration of Trademark Infringement Claims

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On remand from the U.S. Supreme Court, the Ninth Circuit Court of Appeals considered in Setty v. Shrinivas Sugandhalaya LLP the question whether non-signatories to an agreement may use state law doctrines, such as equitable...more

Carlton Fields

Court Compels Arbitration Because Non-Signatory “Knowingly Exploited” and Obtained Benefits of Agreement

Carlton Fields on

The Eastern District of Pennsylvania recently compelled arbitration involving a claim by a plaintiff who had not signed a Comcast subscriber agreement on the ground that the plaintiff had used benefits under the agreement and...more

Carlton Fields

Ninth Circuit Affirms Order Denying Uber’s Motion to Compel Arbitration of Claims Brought Under the ADA

Carlton Fields on

In a dispute over Uber’s alleged failure to provide a wheelchair-accessible ride-sharing option in New Orleans, the District Court held that, under California law, plaintiffs were not equitably estopped from avoiding...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

Mintz - Arbitration, Mediation, ADR...

Enforcement of International Arbitration Agreements: SCOTUS Rules That the New York Convention (and FAA ch. 2) Are Not...

When all was said and done, the U.S. Supreme Court ruled unanimously on June 1, 2020 in effect that the New York Convention (i.e., the U.N. Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the...more

Shutts & Bowen LLP

Looking to Compel Arbitration? Recent Supreme Court Decision Suggests Additional Tools are Available

Shutts & Bowen LLP on

Sometimes compelling arbitration is simple. If the parties to a dispute signed an agreement to arbitrate, a signatory would normally be able to use that agreement as a basis to move to compel arbitration pursuant to the...more

Miller Canfield

U.S. Supreme Court Rules That Nonsignatory to International Arbitration Agreement May Compel Arbitration

Miller Canfield on

Can your business be compelled to defend an international arbitration brought by an entity with whom you never agreed to arbitrate? On June 1, 2020, a unanimous United States Supreme Court answered this question in the...more

Foley & Lardner LLP

Second Circuit Says Post-Litigation Notice of Arbitration Clause Sufficient to Bind Plaintiff

Foley & Lardner LLP on

In a putative class action against Amazon, Nicosia v. Amazon.com, Inc., the Second Circuit recently issued a ruling (“Nicosia II”) sending the named plaintiff’s claims to arbitration based on an arbitration clause contained...more

Proskauer - Minding Your Business

Supreme Court Decides No Signature, No Problem

On June 1, 2020, the U.S. Supreme Court delivered a unanimous opinion regarding the relationship between domestic equitable estoppel and the enforcement of arbitration agreements. In GE Energy Power Conversion France SAS,...more

Carlton Fields

U.S. Supreme Court Holds Equitable Estoppel Can Allow Non-Signatories to Compel Arbitration Under the New York Convention

Carlton Fields on

The U.S. Supreme Court has held that equitable estoppel doctrines can be invoked by non-signatories seeking to compel arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards....more

Saul Ewing LLP

U.S. Supreme Court: Non-Signatories to an International Contract Might Be Able to Compel Arbitration

Saul Ewing LLP on

In a unanimous decision, the U.S. Supreme Court recently ruled that a non-signatory to an agreement requiring arbitration for disputes might be able to compel arbitration under state law equitable estoppel arguments. The...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Opens the Door for Non-Signatories to Enforce Arbitration Agreements, Resolving Circuit Split

On June 1, 2020 the United States Supreme Court issued a unanimous decision in GE Energy Power Conversion Fr. SAS, Corp. v. Outokumpu Stainless USA, LLC, No. 18-1048, 2020 WL 2814297 (U.S. June 1, 2020), holding that the...more

A&O Shearman

U.S. Supreme Court Holds That Convention On The Recognition And Enforcement Of Foreign Arbitral Awards Does Not Prohibit...

A&O Shearman on

On June 1, 2020, the United States Supreme Court, in a unanimous decision by Justice Thomas, held that allowing non-signatories to an arbitration agreement to compel arbitration under the Convention on the Recognition and...more

Faegre Drinker Biddle & Reath LLP

SCOTUS Resolves Circuit Court Split on Whether Non-Parties Can Use Equitable Estoppel to Enforce an International Arbitration...

On June 1, the U.S. Supreme Court in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC, 590 U.S. ___ (June 1, 2020) unanimously held that a non-party may enforce an international arbitration agreement...more

Jackson Walker

U.S. Supreme Court Decides Major International Arbitration Case

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For the first time in six years, the U.S. Supreme Court focused its attention upon the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, commonly referred to as the “New York Convention,” to...more

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