Timothy Hidalgo sued the Amateur Athletic Union of the United States Inc. (AAU) on behalf of a purported class for damages emanating from a data breach suffered by the AAU. The court granted the AAU’s motion to compel...more
Vimeo Inc. sought to compel arbitration of putative class claims brought by Bradley Acaley relating to the use of Magisto, a video creation app. Acaley claimed that the app’s use of face-geometry scan technology violated the...more
All three defendants were non-signatories to the underlying contract containing the arbitration agreement they sought to enforce. They each contended that they were entitled to enforce the arbitration agreement, despite their...more
The District Court of Puerto Rico upheld a prior judgment ordering Integrand Assurance Co. to arbitrate its claims against its various reinsurers, rather than remand the case to the court overseeing Integrand’s receivership,...more
The Northern District of Texas has confirmed an arbitration award for Wells Fargo against Energy Product Co. and Energy Transport and Logistic LLC. Neither Energy Product nor Energy Transport participated in the arbitration...more
Big Port Service DMCC and China Shipping Container Lines Co. Ltd. (CSCL) litigated in Singapore a dispute regarding a supply of marine fuel oil for a CSCL vessel. CSCL subsequently filed suit in the Southern District of New...more
An arbitration award rendered pursuant to section 301 of the Labor Management Relations Act (LMRA) was overturned upon a finding that the award was “grossly excessive” and based on an “evident material miscalculation.” ...more
The former employees of a waste management company sued their former employer for violations of various federal and state labor laws. The company sought to compel arbitration and dismiss the complaint, relying on an...more
2/21/2020
/ Arbitration ,
Arbitration Agreements ,
Contract Interpretation ,
Employment Litigation ,
Federal Labor Laws ,
Former Employee ,
Labor Law Violations ,
Mandatory Arbitration ,
Motion to Compel ,
State Labor Laws ,
Threshold Requirements ,
Unions
The Eighth Circuit reversed a district court decision vacating an arbitration award relating to a federal crop insurance policy issued through a standard reinsurance agreement with the Federal Crop Insurance Corp. (FCIC). The...more
1/29/2020
/ Abuse of Power ,
Arbitration ,
Arbitration Award Challenges ,
Arbitration Awards ,
Consumer Insurance Products ,
Crop Insurance ,
Farms ,
Insurance Claims ,
Insurance Litigation ,
Insurance Regulations ,
Policy Terms ,
Reinsurance ,
Reinsurance Agreements ,
Reversal ,
Vacated
Markmidco S.àr.l., a Luxembourg company, sold to Zeta Interactive Corp. its interest in a customer relationship management business consisting of several companies that provided to retailers email and text message marketing,...more
The case involved a dispute over an automobile equipment supply contract. The parties’ disagreement was arbitrated, and the prevailing party filed in federal court for confirmation of the award. The supplier, after losing the...more
11/25/2019
/ Arbitration ,
Arbitration Awards ,
Contract Disputes ,
Excusable Neglect ,
Manifest Disregard ,
Motion to Set Aside the Verdict ,
Motion to Vacate ,
Neglect ,
Statute of Limitations ,
Suppliers ,
Supply Contracts
The Fifth Circuit affirmed the confirmation of an arbitration ruling in favor of Ameriprise Financial Services Inc. In 2015, Ameriprise sought a temporary restraining order against Jeremy Walker, a former employee of an...more
11/18/2019
/ Abuse of Power ,
Ameriprise Financial ,
Appeals ,
Arbitration ,
Arbitration Awards ,
Attorney's Fees ,
Compensatory Damages ,
Confidential Information ,
Contract Terms ,
Customer Information ,
Customer Privacy ,
Evidence ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Services Industry ,
FINRA Hearing Panel ,
Former Employee ,
Injunctive Relief ,
Motion to Dismiss ,
Motion To Enjoin ,
Restraining Orders ,
Testimony ,
Vacatur
The parties entered into a contract under which the plaintiff Cerner Middle East Limited would provide hardware, software, and services to iCapital S/E to facilitate iCapital’s fulfillment of a contract that it had been...more
10/17/2019
/ Arbitration ,
Arbitration Award Challenges ,
Arbitration Awards ,
Comity ,
Contract Terms ,
Dismissals ,
Failure To Pay ,
France ,
International Chamber of Commerce (ICC) ,
Jurisdiction ,
Lack of Jurisdiction ,
Reasonableness Factors ,
Service Contracts ,
Suppliers
The First Circuit recently denied an appeal from the District of Puerto Rico’s refusal to vacate an arbitration award. The dispute centered on a management services agreement containing an arbitration agreement that required...more
9/9/2019
/ AHLA ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Binding Arbitration ,
Choice-of-Law ,
Contract Terms ,
Federal Arbitration Act ,
Healthcare ,
Manifest Disregard ,
Professional Misconduct ,
Puerto Rico ,
State Arbitration Acts ,
Vacatur
On second rehearing and after submitting a question to the Louisiana Supreme Court, the Fifth Circuit determined that the Louisiana nonresident attachment statute allows for attachment in aid of arbitration. The underlying...more
The case involved an AAA arbitration centering on the lack of performance under an exclusive distributorship agreement (EDA) that a medical supplier signed with a product manufacturer. The supplier failed to order sufficient...more
7/25/2019
/ American Arbitration Association ,
Arbitration ,
Arbitration Awards ,
Default Judgment ,
Fraudulent Inducement ,
Manufacturers ,
Medical Devices ,
Medical Supplies ,
Parole Evidence ,
Pharmaceutical Industry ,
Sales & Distribution Agreements ,
Suppliers
The underlying insurance policy was issued by Certain Underwriters at Lloyd’s London and contained an arbitration clause. The court applied the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (also...more
In 2001, Del Monte International GmbH and Inversiones y Procesadora Tropical INPROTSA, S.A. entered into an agreement for the production, packaging, and sale of MD-2 pineapples, a variety of pineapple that Del Monte had...more
In the wake of the liquidation of Legion Indemnity Co., the Illinois Director of Insurance, as liquidator of Legion, and Catalina Holdings arbitrated claims originating under reinsurance agreements between Legion and a...more
Section 1782 allows a district court to order a person who resides in the court’s district to provide testimony or documents to be used in a proceeding before a foreign tribunal. ...more
Presented with an argument that the court lacked subject matter jurisdiction, the Southern District of New York clarified the diversity, amount in controversy, and “place of sitting” requirements under Section 7 of the FAA –...more
Alabama Municipal Insurance Corporation (AMIC) has agreed to dismiss with prejudice its federal lawsuit against Munich Re after an arbitrator rendered judgment against AMIC in a case we previously wrote about here. ...more
The Ninth Circuit affirmed the denial of a petition to vacate an arbitration award because the petition was filed one day late. ...more
The case involved an award in excess of $800,000 against a home designer and some affiliated companies for a renovation project that went bad. One of the affiliated companies brought an arbitration proceeding against the...more
12/5/2018
/ Arbitration ,
Arbitration Awards ,
Arbitrator Selection Disputes ,
Construction Project ,
Designer Professionals' Liability ,
Failure To Pay ,
Fairness Standard ,
Federal Arbitration Act ,
Objection Procedures ,
Renovations ,
Vacatur
A $100 million arbitration award against NutraSweet was reinstated by a New York state appellate court due to the “emphatic federal policy in favor of arbitral dispute resolution embodied in the FAA, a policy that applies...more