The dispute involved an arbitration related to alleged medical malpractice by doctors selected by Carnival Cruise Lines to treat a wrist injury of a Serbian employee of Carnival. The employee’s employment agreement with...more
12/19/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Carnival Cruise Lines ,
Choice-of-Law ,
Contract Terms ,
Cruise Ships ,
Employment Contract ,
Employment Litigation ,
Foreign Arbitral Awards ,
Forum Selection ,
International Arbitration ,
Jones Act ,
Jurisdiction ,
Mandatory Arbitration Clauses ,
Medical Malpractice ,
Motion to Vacate ,
New York Convention ,
Panama ,
Public Policy ,
Vicarious Liability
The Ninth Circuit issued two similar opinions arising out of Samsung’s appeals of orders denying arbitration in two putative class actions filed against it. The claims against Samsung allege that the smartphone maker...more
2/22/2017
/ Arbitration ,
Cell Phones ,
Class Action ,
Contract Terms ,
Mandatory Arbitration Clauses ,
Mobile Devices ,
Motion to Compel ,
Samsung ,
Smartphones ,
Technology ,
Telecommunications ,
Warranties ,
Wireless Devices ,
Wireless Industry ,
Wireless Technology
Mr. Ragab sued two financial companies and a corporate officer for misrepresentation and for violating several consumer credit repair statutes. There were six agreements between the parties, including, for example, a...more
Applied Underwriters Captive Risk Assurance Company appealed from the denial of its motion to compel arbitration in a dispute related to a reinsurance participation contract with South Jersey Sanitation Company. The trial...more
11/29/2016
/ Appeals ,
Arbitration ,
Federal Arbitration Act ,
Insurance Industry ,
Insurance Litigation ,
Mandatory Arbitration Clauses ,
McCarran-Ferguson Act ,
Motion to Compel ,
Policy Terms ,
Preemption ,
Reinsurance
A borrower had previously entered into three payday loan agreements that contained arbitration provisions mandating that all claims be arbitrated in the National Arbitration Forum (NAF), and under the Code of Procedure of the...more
10/20/2016
/ Arbitration ,
Banking Sector ,
Borrowers ,
Class Action ,
Consumer Lenders ,
Federal Arbitration Act ,
Financial Institutions ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Online Marketplace Lending ,
Payday Loans
In a suit by an auto body company against a captive insurance company for rescission of certain workers compensation reinsurance participation agreements, for disgorgement of $70,000 paid thereunder, and for fraud, breach of...more
10/18/2016
/ American Arbitration Association ,
Arbitration ,
Arbitration Agreements ,
Auto Body Shop ,
Breach of Contract ,
Captive Insurance Company ,
Disgorgement ,
Fraud ,
Insurance Industry ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Participation Agreements ,
Reinsurance ,
Rescission ,
Unfair or Deceptive Trade Practices ,
Workers' Compensation Claim
The Supreme Court of Tennessee reversed the lower courts’ rulings that a non-mutual arbitration provision in an installment contract on the sale of a manufactured home was unconscionable and unenforceable. In doing so,...more
A dispute involving competing actions between two competing aeroponic farming companies, FarmedHere, LLC and Just Greens, LLC (doing business as Aero Farm Systems), was simultaneously at issue in a New York arbitration, a New...more
The dispute involved a claim for benefits under a policy insuring a marine construction site damaged in 2008 by Hurricane Ike. The insured contended that the policy did not provide for arbitration, but instead provided only...more