Kenneth Cesta on Federal Arbitration Act

SDNY Confirms Arbitration Order, Holding Order Was Final and Arbitrator Did Not Exceed Authority

In Subway Franchise Systems of Canada ULC v. Subway Developments 2000 Inc., the U.S. District Court for the Southern District of New York addressed whether an arbitrator exceeded her authority when ordering that one of the...more

12/4/2024 / Arbitration , Arbitration Agreements , Arbitrators , Contract Termination , Contract Terms , Federal Arbitration Act , Franchise Agreements , Franchises , Lack of Authority , Motion to Vacate , Subway

Third Circuit Reverses Order Denying Motion to Compel Arbitration, Holds Arbitration Clause in Consumer Financing Agreement Is...

In Mancuso v. MDG USA Inc., the Third Circuit Court of Appeals considered defendant MDG’s appeal of an order denying its motion to compel arbitration of the plaintiff’s lawsuit alleging violations of state and federal fair...more

4/18/2024 / Arbitration , Arbitration Agreements , Banking Sector , Federal Arbitration Act , Financial Contracts , Financial Services Industry , Fraud , Motion to Compel , Statutory Violations

SDNY Confirms Arbitration Award Under New York Convention

In Exclusive Trim Inc. v. Kastamonu Romania, S.A., the U.S. District Court for the Southern District of New York granted a petition to confirm and enforce a foreign arbitration award issued in an arbitration held before the...more

11/10/2023 / American Arbitration Association , Arbitration , Arbitration Agreements , Arbitration Awards , Federal Arbitration Act , Foreign Arbitration Clauses , New York , New York Convention , Punitive Damages

SDNY Grants Motion to Compel Arbitration of Employee’s Discrimination and Retaliation Claims

In Marino v. CVS Health, the U.S. District Court for the Southern District of New York found defendant CVS Health’s “arbitration of workplace legal disputes policy” and related arbitration agreement compelled arbitration of...more

11/8/2023 / Arbitration , Arbitration Agreements , Employees , Employment Discrimination , Employment Litigation , Family and Medical Leave Act (FMLA) , Federal Arbitration Act , Federal Labor Laws , Labor Law Violations , Motion to Compel , Pregnancy Discrimination , Retaliation , Unpaid Wages , Wage and Hour

District of Maryland Holds Insurance Policy’s Appraisal Provision Constitutes Enforceable Arbitration Clause Under FAA

In Travelers Casualty Insurance Company of America v. Papagiannopoulous, the U.S. District Court for the District of Maryland addressed the issue of whether a real estate “appraisal provision” included in an insurance policy...more

8/21/2023 / Appraisal , Arbitration , Commercial Real Estate Market , Consumer Insurance Products , Federal Arbitration Act , Insurance Claims , Insurance Litigation , Policy Terms , Travelers

Sixth Circuit Holds Validity of Employee’s Electronic Signature Creates Issue of Fact, Reverses Order Compelling Arbitration

In Bazemore v. Papa John’s U.S.A. Inc., the Sixth Circuit Court of Appeals considered the plaintiff’s appeal of an order granting the defendant’s motion to compel arbitration and to dismiss the plaintiff’s complaint brought...more

8/16/2023 / Arbitration , Arbitration Agreements , Employment Contract , Employment Litigation , Fair Labor Standards Act (FLSA) , Federal Arbitration Act , Labor Law Violations , Putative Class Actions , Wage and Hour

South Carolina Supreme Court Finds Contract Did Not Involve Interstate Commerce and Reverses Order Compelling Arbitration

In Hicks Unlimited, Inc. v. UniFirst Corporation, the Supreme Court of South Carolina agreed with a trial court ruling that the underlying contract between the parties, which included mandatory arbitration “to be governed by...more

7/7/2023 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Interstate Commerce , Mandatory Arbitration Clauses , Motion to Compel

Third Circuit Joins Other Circuits, Holds Uber Drivers Are Not Exempt From FAA

In Singh v. Uber Technologies Inc., the Third Circuit Court of Appeals, in a precedential opinion, affirmed district court orders granting defendant Uber Technologies Inc.’s motion to compel arbitration, concluding that the...more

5/26/2023 / Arbitration , Arbitration Agreements , Corporate Counsel , Federal Arbitration Act , Motion to Compel

Seventh Circuit Affirms District Court’s Order Denying Application to Vacate Arbitration Award

Donald Kinsella was an employee of defendant Baker Hughes Oilfield Operations LLC. In June 2013, he suffered a work-related injury resulting in his disability and receipt of disability benefits for three years. Baker Hughes’...more

5/24/2023 / Americans with Disabilities Act (ADA) , Arbitration , Arbitration Awards , Disability Discrimination , Employment Litigation , Failure to Accommodate , Federal Arbitration Act , Hiring & Firing , Retaliation , Workplace Injury

New Jersey District Court Vacates Arbitrator’s Final Award Finding Bias and Deprivation of Fair Hearing

Citing the Federal Arbitration Act (FAA), and recognizing the specific standards set forth in the FAA for vacating an arbitrator’s decision, the U.S. District Court for the District of New Jersey vacated an arbitrator’s final...more

4/14/2023 / Arbitration , Arbitration Agreements , Arbitration Awards , Federal Arbitration Act

Arizona District Court Confirms Arbitration Award, Denies Cross-Motion to Vacate

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

4/10/2023 / Arbitration , Arbitration Awards , Counterclaims , Cross Motions , Federal Arbitration Act , Financial Adviser , Financial Industry Regulatory Authority (FINRA) , Financial Services Industry , Motion to Vacate , Popular , UBS

Third Circuit Affirms Finding That Defendant Waived Its Arbitration Rights

In White v. Samsung Electronics America Inc., the Third Circuit Court of Appeals, in a precedential opinion, affirmed a district court order denying defendant Samsung’s motion to compel arbitration, concluding that,...more

3/27/2023 / Arbitration , Class Action , Data Collection , Discovery , Federal Arbitration Act , Motion to Compel , Samsung , Smart Devices

First Circuit Affirms Order Compelling Arbitration and Rejecting Claim By Postmates Couriers of Exemption From the FAA

In Damon Immediato, et al., v. Postmates, Inc., the First Circuit addressed the issue of whether couriers who deliver goods from local restaurants and grocery stores are “transportation workers engaged in interstate commerce...more

2/13/2023 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Motion to Compel

District Court Orders Limited Trial to Address Party’s Authority to Sign Arbitration Agreement

Relying on the Federal Arbitration Act and recognizing that “this case presents one of the rare instances in which a defendant opposing arbitration survives the initial stage of an FAA proceeding,” the U.S. District Court for...more

10/7/2022 / Arbitration , Arbitration Agreements , Federal Arbitration Act , Motion to Compel

Ninth Circuit Confirms Arbitration Award Finding FAA Disallows Judicial Review of Whether Arbitrator’s Factual Findings “Are...

Plaintiff Annette Serna appealed from an order of the U.S. District Court for the Central District of California. Serna had brought wrongful termination and related claims against Northrop, including under California’s Fair...more

8/4/2022 / Arbitration , Arbitration Agreements , Arbitration Awards , Federal Arbitration Act , FEHA

Kenneth Cesta

Carlton Fields

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