News & Analysis as of

Motion to Compel Motion for Reconsideration

Constangy, Brooks, Smith & Prophete, LLP

Two years into his bias suit against NFL, Brian Flores has little to show for it.

Arbitration evaders, take note. In February 2022, coach Brian Flores filed a press-grabbing lawsuit accusing the National Football League and its clubs of racially discriminatory hiring practices, the Miami Dolphins of...more

McDermott Will & Emery

No Fifth Chances: Ignoring Court’s Warning Leads to Terminal Sanctions

McDermott Will & Emery on

In an appeal from litigation-ending sanctions, the US Court of Appeals for the Fifth Circuit held that misconduct in the face of judicial warnings supports the use of litigation-ending sanctions and that evidence a party...more

Polsinelli

‘Alkutkar v. Bumble’: Securing Active Consent for Updated Terms of Service

Polsinelli on

Overview - The District Court for the Northern District of California recently provided guidance in Alkutkar v. Bumble Inc., No. 22-CV-00422- PJH (N.D. Cal. Sept. 8, 2022), reconsideration denied, No. 22-CV-00422-PJH,...more

Carlton Fields

Third Circuit Affirms Dismissal of Complaint With Prejudice After Plaintiff Failed to Initiate Arbitration Proceedings

Carlton Fields on

Plaintiff R&C Oilfield Services appealed from an order of the U.S. District Court for the Western District of Pennsylvania. The district court granted defendant American Wind Transport Group’s motion to compel R&C to...more

Carlton Fields

First Circuit Vacates Order Compelling Arbitration Over Arbitrator Selection Clause

Carlton Fields on

The First Circuit vacated an order compelling arbitration after finding that the arbitrator selection clause was unconscionable. The court nevertheless remanded the case to the district court to determine if the selection...more

Carlton Fields

Court Denies Motion to Reconsider Order Compelling Arbitration

Carlton Fields on

Plaintiffs Kevin Struss, Struss Farms LLC, and Struss & Cook Farms brought certain tort and breach of contract claims against Rural Community Insurance Co. (RCIC) and Scott Laaveg, RCIC’s claims representative. The claims...more

Carlton Fields

11th Circuit Compels Arbitration Despite Allegation That Arbitration Agreement Was Procedurally And Substantively Unconscionable

Carlton Fields on

This case involves a dispute between American Family Life Assurance Company of Columbus (“Aflac”) and a group of independent contractors (“associates”), arising out of alleged misrepresentations by Aflac. Pursuant to their...more

Jackson Lewis P.C.

Court Rejects Overly Broad Request For Forensic Imaging Of Plaintiff’s Personal Computers

Jackson Lewis P.C. on

An Illinois appellate court has vacated a trial court’s order compelling the forensic imaging of several personal computers used by plaintiff, applying a balancing test that takes into account both the proportionality rule...more

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