Dana Jennings and Joseph Furlong each bought a car from Carvana, a nationwide online used car dealer. On the day of their purchases, each signed three separate documents: a “retail purchasing agreement,” a “retail installment...more
Under New Jersey’s Tenure Employees Hearing Law, when a school district files tenure charges against an employee, the state commissioner of education must refer the case to arbitration if he or she determines that the charges...more
The Eighth Circuit Court of Appeals recently affirmed the denial of a motion to compel arbitration filed by the plaintiff in the matter. The court noted that arbitration “can be waived in a variety of circumstances, including...more
11/3/2023
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Complaint Procedures ,
Contract Terms ,
Court-Ordered Mediation ,
Federal Arbitration Act ,
Henry Schein Inc v Archer and White Sales Inc ,
Morgan v Sundance ,
Motion to Compel ,
Permanent Injunctions ,
Preliminary Injunctions ,
SCOTUS
New York statutes classify certain civil service positions as exempt where such positions are confidential in nature and require personal qualities that cannot practicably be tested by an examination. These positions are...more
6/29/2023
/ Appellate Courts ,
Arbitration ,
At-Will Employment ,
Collective Bargaining Agreements (CBA) ,
Contract Terms ,
Employees ,
Filing Grievances ,
Hiring & Firing ,
Just Cause ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
New York ,
Public Employees ,
Teamsters ,
Unenforceable Contract Terms ,
Unions
In October 2018, Eva Cornell opened checking and savings accounts with Desert Financial Credit Union. In so doing, Cornell agreed to terms and conditions, including an agreement that Desert Financial could “change those terms...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
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 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
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
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
This lawsuit centered around a contract providing a guaranty of performance in connection with an underlying broadband network access contract. ...more
The receiver for Gramercy Insurance Company sought to avoid arbitration of a reinsurance dispute with Contractor’s Bonding, Ltd., by arguing the FAA was reverse preempted under the McCarran-Ferguson Act....more
Allegations of failure to follow the contractually-required dispute resolution procedure raise “procedural questions,” which must be asked of the arbitrator. In contrast, “substantive arbitrability questions,” also referred...more
We previously posted on the trial court’s ruling addressing the statute of limitations in this case on June 23, 2016. By way of background, the underlying contract between the insurer and the reinsurer required the insurer to...more
Courts must apply state contract law principles to determine who may enforce an arbitration agreement. These “background principles of state contract law regarding the scope of agreements (including the question of who is...more