News & Analysis as of

A Motion To Compel Arbitration “Answers” A Complaint

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

Reinsurance Newsletter - September 2013

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

Right To Compel Arbitration Agreement Not Waived If Plaintiff Suffered No Prejudice From Delay

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

Reinsurance Newsletter - June 2013

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

Third Circuit Clarifies Standards For Deciding Motions To Compel Arbitration

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

Third Circuit Clarifies Standards for Arbitration Motions

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

Abstention Trumps Arbitration In Tenth Circuit

The Tenth Circuit this week refused to consider a plaintiff’s substantive arguments about its right to arbitrate because it found abstention was appropriate under the Colorado River doctrine. D.A. Osguthorpe Family P’ship v....more

Reinsurance Redux - December 2012

In This Issue: - Southern District of New York Orders Arbitration Panel to Proceed with Umpire Selection: Finding the Federal Arbitration Act mandates that a provision in a reinsurance agreement establishing a...more

To Compel Under the FAA or the MAA? That Is The Question

Often, when a plaintiff files a lawsuit, there’s an arbitration agreement somewhere in his or her personnel file. And, unbeknownst to the plaintiff’s counsel, the claims brought actually should be arbitrated—not litigated....more

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