The U.S. District Court for the Southern District of New York denied a petition to vacate a $65 million arbitration award based on the petitioner’s argument that the arbitrator’s decision was in “manifest disregard of the...more
After the district court, on remand, held that laches did not bar relief, the US Court of Appeals for the Third Circuit again determined that the district court abused its discretion by not properly applying the presumption...more
The United States Chamber of Commerce and other trade groups sued the Federal Trade Commission in the United States District Court for the Eastern District of Texas on April 24, in Chamber Of Commerce Of The United States Of...more
On February 1, 2024, Senior United States District Judge R. Brooke Jackson of the United States District Court for the District of Colorado denied Mackie A. Barch (Mackie) and Trellis Holdings Maryland, Inc. (Trellis and...more
A consortium that was on the losing side of a $238-million arbitration over the construction of the third set of locks for the Panama Canal is asking the United States Supreme Court to review a circuit court opinion that...more
A confession of judgment has often been viewed as an important tool in settling a litigation or finalizing a transaction. In 2019, the New York State Legislature made some significant amendments to the Confession of Judgment...more
Last week’s news concluded with a jury awarding $83 million in punitive damages in a New York defamation trial involving a certain former U.S. President. This week started with a Motion filed by President Trump’s lawyers...more
A United States District Court (W.D. Washington) (“Court”) addressed in a December 8th Order a request by Defendants Bobby Wolford Trucking & Salvage, Inc. (“Wolford Trucking”) and Karl Frederick Klock Pacific Bison, LLC...more
On October 31, the Fifth Circuit issued an opinion in Chamber of Commerce of the USA v. SEC, granting the Chamber’s petition for review of the SEC’s Share Repurchase Disclosure Modernization rule. The Court held that the “SEC...more
A federal court in Florida rejected a franchisee’s motion to vacate an arbitration award entered against it despite its arguments it did not have notice of the arbitration hearing. Your CBD Stores Franchising, LLC v....more
In significant and hard-fought litigation, it is not uncommon for parties to reach a settlement that includes an agreement to jointly move the court to vacate earlier rulings on key motions in the case. For a settling...more
When an arbitration tribunal issues an award, the first thing parties should do is calculate and calendar their deadlines to seek relief in court. This post discusses one such deadline—the one to file a motion to vacate or...more
Relying on the Federal Arbitration Act (FAA) and noting that the FAA “enumerates limited grounds on which a federal court may vacate, modify, or correct an arbitral award,” the U.S. District Court for the District of Arizona...more
The Fifth Circuit Court of Appeals recently rejected a claim that an arbitration award should be vacated by holding that the challenging party’s arguments improperly asked the court to review the merits of the arbitration...more
This week Sam Hess of Inside EPA asked me if I had an opinion as to why there were fewer lawsuits (so far) challenging EPA's eighth attempt to durably determine the reach of the Federal Clean Water Act than there were...more
Ohio- Non-Signatory Compelling Arbitration Duff v. Christopher, 11th Dist. Lake, No. 2023-Ohio-349. In this appeal, the Eleventh Appellate District affirmed in part and reversed in part a trial court’s decision compelling...more
In Smarter Tools, Inc., v. Chongqing Seni Import & Export Trade Co., Ltd., et al., the Second Circuit affirmed the district court’s order denying Smarter Tools, Inc.’s (STI) petition to vacate an arbitration award and...more
In a December 2022 decision, the Delaware Supreme Court considered whether the validity of an arbitration agreement is an issue to be decided by the court or by an arbitrator....more
If you missed Vacating an Arbitration Award in the Bais Din – Part I, go back and give it a read before delving into Part II, which primarily will discuss vacating particular provisions related to custody and parenting time...more
I’ve previously blogged about issues surrounding the Agreement to Arbitrate and how that may be set aside in certain circumstances. But what about a case where the Agreement to Arbitrate is legally sufficient, but the...more
On October 5, 2022, in a disappointing but not unexpected ruling, the Fifth Circuit affirmed the ruling by a Texas judge that vacated the Obama administration’s Deferred Action for Childhood Arrivals (DACA) program and barred...more
The Superior Court of New Jersey – Appellate Division (“Court”) described in a September 8th Opinion issues arising out of the purchase of tax sales certificates associated with a former gasoline service station. See...more
The US Court of Appeals for the Federal Circuit dismissed a portion of an appeal from the Patent Trial & Appeal Board (Board) regarding obviousness because the patentee did not have standing to challenge the decision...more
The US Court of Appeals for the Fifth Circuit issued a three-part ruling that affirmed the district court’s denial of a motion to vacate as void the judgment based on Rooker-Feldman doctrine because the earlier state and...more
Defendants Jeffrey M. Smith and Sarah A. Smith appealed from an order of the U.S. District Court for the District of the Virgin Islands. The district court denied the Smiths’ motion to vacate the arbitration award entered...more