The Fifth Circuit affirmed judgments confirming an arbitration award despite concluding that the lower courts should have considered one of the party’s claims that a dispute decided by the arbitrator was beyond the scope of...more
The U.S. District Court for the Southern District of Texas recently compelled arbitration against insurers but not brokers related to a commercial insurance dispute....more
6/19/2020
/ Arbitration ,
Arbitration Agreements ,
Commercial Insurance Policies ,
Convention on the Recognition and Enforcement of Foreign Arbitral Awards ,
Denial of Insurance Coverage ,
Hurricane Harvey ,
Insurance Brokers ,
Insurance Litigation ,
Lloyds of London ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Non-Signatories ,
Policy Terms ,
Property Damage ,
Unconscionable Contracts
The U.S. District Court for the Southern District of Florida recently refused to compel arbitration in a putative class action based on an arbitration clause a plaintiff agreed to on a third party’s website he used to book a...more
The Eight Circuit has rejected a plaintiff’s claim that an arbitration clause in a retainer agreement she signed with a law firm after receiving a call from a purported agent of the firm informing her of a purported...more
12/11/2019
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Ethics Breach ,
Jury Trial ,
Legal Ethics ,
Legal Representatives ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Negligent Misrepresentation ,
Professional Liability ,
Retainer Fees ,
Transvaginal Mesh ,
Unconscionable Contracts ,
Unenforceable Contract Terms ,
Waiver of Rights
The Eastern District of Pennsylvania recently granted a creditor’s request to compel arbitration over a plaintiff’s argument that the arbitration agreement he had signed was void as a result of a bankruptcy court discharging...more
9/18/2019
/ Arbitration ,
Arbitration Agreements ,
Bankruptcy Court ,
Consumer Bankruptcy ,
Consumer Financial Products ,
Credit Reports ,
Creditors ,
Dischargeable Debts ,
Fair Credit Reporting Act (FCRA) ,
Loan Agreements ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Regulatory Violations
A district court has granted a motion to compel arbitration based on an arbitration clause in an agreement sent via text message and agreed to via a reply text. ...more
7/18/2019
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Debt Collection ,
Debt Collectors ,
EFTA ,
Financial Services Industry ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Notice Requirements ,
Putative Class Actions ,
Text Messages ,
Third-Party Service Provider ,
Unconscionable Contracts
The U.S. District Court for the Northern District of Alabama has compelled arbitration despite a former employee’s claim that the arbitration clause in the policy at issue was unconscionable under the circumstances related to...more
The Ninth Circuit recently denied a petition for a writ of mandamus seeking to overturn a district court’s decision compelling arbitration. The petition principally argued the arbitration clause was inconspicuous because it...more
Foreign arbitration awards must generally be upheld in the United States under treaty obligations. Upholding a foreign award requires that there actually be an arbitration award, however. For that matter, it requires an...more
4/25/2019
/ Arbitration ,
Arbitration Awards ,
Choice-of-Venue ,
Employment Litigation ,
Fishing Industry ,
Hiring & Firing ,
International Litigation ,
Jurisdiction ,
Mandatory Arbitration Clauses ,
Motion to Dismiss ,
Pre-Employment Agreements ,
Workplace Injury