Cases requiring non-signatories to an arbitration agreement to arbitrate are not uncommon. Cases compelling subrogees to arbitrate, not because of an insurance policy but because of another contract, are less common. In...more
It happens every so often: someone signs an agreement to arbitrate legal claims, the agreement has a solid clause delegating arbitrability issues to an arbitrator, and then a member of that person’s family files a claim in...more
1/22/2025
/ Arbitration ,
Arbitration Agreements ,
Binding Arbitration ,
Breach of Contract ,
COBRA ,
Contract Terms ,
Delegation Clauses ,
Derivatives ,
Dispute Resolution ,
Employee Retirement Income Security Act (ERISA) ,
Equitable Estoppel ,
Federal Arbitration Act ,
Motion to Compel ,
Settlement
Florida’s Second district court of appeal recently issued another opinion in the long line of decisions to determine the gatekeeping question of arbitration under the Revised Florida Arbitration Code, §§ 682.01, Fla. Stat.,...more
In close succession, the Supreme Court of the United States recently decided two short but meaningful cases that arbitration litigants must keep in mind: Coinbase, Inc. v. Suski, 144 S.Ct. 1186 (May 23, 2024) and Smith v....more
Specificity seldom hurts in litigation. It is indispensable if you want to prevent an arbitrator from arbitrating something you think a court should adjudicate instead. But although you may be right about the...more
Current state of affairs -
Even before Hurricane Ian made landfall and devastated southwest Florida in September 2022, six property & casualty insurers had voluntarily declared themselves insolvent and allowed the State to...more
A sometimes-overlooked factor in unjust enrichment claims is that the claimant must directly confer a benefit on the defendant—not indirectly, not effectively, not practically, but directly. The Florida Supreme Court made...more
Almost everyone loves insurance in lawsuits. Plaintiffs love the potential pocket to pay the claim; defendants love the safety net of their insurer funding the defense and potentially the damages that may flow from an adverse...more