QAD Inc. petitioned the Delaware federal court to confirm an arbitration award it obtained against Block & Company Inc. Block cross-moved to vacate the award. The arbitrator awarded QAD more than $740,000 in connection with a...more
The Ninth Circuit denied a petition seeking to vacate an order compelling arbitration of an Uber driver’s putative class action. The district court held that rideshare drivers who pick up and drop off passengers at airports...more
10/15/2020
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Drivers ,
Employment Contract ,
Exemptions ,
Federal Arbitration Act ,
Interstate Commerce ,
Motion to Compel ,
Putative Class Actions ,
Uber
The Southern District of New York declared that plaintiff Monjasa A/S was not bound by an arbitration agreement to which neither it nor the defendant was a party. The case stems from a fuel delivery contract between two...more
Plaintiffs filed a putative class action against Norwegian Cruise Lines claiming that Norwegian failed to disclose profits it earned when the plaintiffs elected to purchase travel insurance during the cruise booking process....more
8/31/2020
/ Appeals ,
Arbitration ,
Class Action ,
Consumer Contracts ,
Contract Terms ,
Cruise Ships ,
Kickbacks ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Putative Class Actions ,
Reinsurance ,
Travel Insurance
The Fourth Circuit confirmed a foreign arbitration award issued in favor of third-party defendant Chongqing Rato Power Co. Ltd., a Chinese equipment manufacturer, against defendant Roger Leon. The parties negotiated and...more
The plaintiff-appellant filed suit in Oklahoma state court seeking to rescind a contract it entered into with the defendants, claiming the contract was procured by fraud. Citing an arbitration clause in the contract, the...more
Defendants, Certain Underwriters at Lloyd’s and its third-party claims administrator, CJW & Associates, sought to enforce a mandatory arbitration clause in a Lloyd’s policy issued to the plaintiffs. ...more
2/6/2020
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Federal Arbitration Act ,
Foreign Arbitral Awards ,
Insurance Contracts ,
Insurance Litigation ,
Lloyds of London ,
Mandatory Arbitration Clauses ,
McCarran-Ferguson Act ,
Third-Party
Everest Reinsurance Co. appealed from two district court orders. It claimed that this dispute with Pennsylvania National Mutual Casualty Insurance Co. was the same as a prior dispute that Penn National had arbitrated with two...more
1/20/2020
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Contract Disputes ,
Contract Terms ,
Insurance Litigation ,
Litigation Strategies ,
Reinsurance ,
Reinsurance Agreements ,
Sealed Records ,
Vacated
The Seneca Nation of Indians moved under Section 10 of the Federal Arbitration Act (FAA) to vacate certain arbitration awards issued in favor of the state of New York, finding that Seneca must pay the state millions in...more
12/5/2019
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Contract Terms ,
Federal Arbitration Act ,
Indian Gaming ,
Indian Gaming Regulation Act ,
Internal Revenue Code (IRC) ,
Manifest Disregard ,
Motion to Vacate ,
Native American Issues ,
Revenue Sharing ,
Tribal Governments ,
Tribal-State Gaming Compacts
Two professional baseball teams — the Washington Nationals and the Baltimore Orioles — were parties to a partnership agreement granting exclusive broadcast rights to their baseball games to a third entity. The agreement had a...more
12/2/2019
/ American Arbitration Association ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Baseball ,
Broadcasting ,
Contract Terms ,
MLB ,
Motion To Enjoin ,
Partnership Agreements ,
Question of Arbitrability ,
Third-Party ,
Threshold Requirements
A Mississippi federal court granted a motion to compel arbitration of a claim for reimbursement of medical expenses from the defendant, a company that provides health care sharing plan alternatives to those of Christian...more
The defendants moved to compel arbitration of a complex dispute concerning the parties’ investment in medical marijuana companies. The plaintiff claimed that the defendants breached a non-compete agreement and fiduciary...more
10/22/2019
/ Affirmative Defenses ,
American Arbitration Association ,
Arbitration ,
Arbitration Agreements ,
Breach of Contract ,
Breach of Duty ,
Contract Disputes ,
Contract Terms ,
Federal Arbitration Act ,
Fiduciary Duty ,
Investment ,
Laches ,
Marijuana Related Businesses ,
Motion to Compel ,
Non-Compete Agreements ,
Operating Agreements ,
Statute of Limitations
The Ninth Circuit affirmed an order granting a motion to compel arbitration and to dismiss, finding that a purchase order issued by the plaintiff to purchase goods from the defendant incorporated a binding arbitration clause...more
The plaintiff sued his former employer for discrimination, retaliation, hostile work environment, and violations of the Missouri Human Rights Act. The defendant moved to compel arbitration based on the parties’ Mutual...more
7/10/2019
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Delegation Clauses ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Hostile Environment ,
Motion to Compel ,
Retaliation
Petitioners, two Rent-A-Center entities, moved to compel arbitration of a lawsuit by Anita Ellis alleging that Rent-A-Center unlawfully terminated her employment for seeking workers’ compensation benefits....more
6/18/2019
/ Adverse Employment Action ,
Arbitration ,
Contract Terms ,
Delegation Clauses ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Motion to Compel ,
Retaliation ,
Reversal ,
Unconscionable Contracts ,
Workers' Compensation Claim ,
Wrongful Termination ,
WV Supreme Court
Everest Reinsurance Co. reinsured Pennsylvania National Mutual Casualty Insurance Co. under several treaties requiring the parties to arbitrate all disputes....more
Archer & White Sales, Inc. (“Archer”) sued Henry Schein, Inc. (“Schein”) in federal court seeking both monetary and injunctive relief....more
1/29/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Contract Terms ,
Exceptions ,
Federal Arbitration Act ,
Henry Schein Inc v Archer and White Sales Inc ,
Judicial Review ,
Motion to Compel ,
Question of Arbitrability ,
Remand ,
SCOTUS ,
Vacated ,
Wholly Groundless Doctrine
The Eleventh Circuit has determined that a confidentiality provision in an arbitration clause was substantively unconscionable. The case involved a putative class action by David Johnson alleging that KeyBank National...more
12/4/2017
/ Arbitration ,
Arbitration Agreements ,
Banking Sector ,
Banks ,
Citibank ,
Confidentiality Agreements ,
Contract Terms ,
Debit and Credit Card Transactions ,
Motion to Compel ,
Overdraft Fees ,
Putative Class Actions ,
Unconscionable Contracts
Applying the doctrine of judicial estoppel, a district court refused to compel arbitration finding that the arbitration clause in a reinsurance agreement was unenforceable under a Virginia statute that voided a mandatory...more