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Carlton Fields

Ninth Circuit Reaffirms District Courts’ Discretion to Dismiss When All Claims Are Subject to Arbitration

Carlton Fields on

The Ninth Circuit Court of Appeals considered whether the Federal Arbitration Act (FAA) requires a district court to stay a lawsuit pending arbitration, or whether a district court has the discretion to dismiss when all...more

Dentons

Consolidamento della tutela dei consumatori: nuova “class action” introdotta in Italia

Dentons on

Il 24 marzo 2023 è stato pubblicato in Gazzetta Ufficiale il Decreto Legislativo n. 28/2023 che recepisce e attua la direttiva (UE) n. 2020/1828 relativa alle azioni rappresentative a tutela degli interessi collettivi dei...more

Dentons

Consumer protection consolidation: new class action introduced in Italy

Dentons on

On March 24, 2023, Legislative Decree no. 28/2023 transposing and implementing Directive (EU) 2020/1828 on representative actions for the protection of the collective interests of consumers was published in the Official...more

Obermayer Rebmann Maxwell & Hippel LLP

EFAA Update: Only Plausible #MeToo Claims Can Avoid Arbitration

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “EFAA”) has been law for just over a year. The bill was signed by President Biden on March 3, 2022, and amended the Federal Arbitration...more

Manatt, Phelps & Phillips, LLP

FAA Preempts AB 51, Ninth Circuit Holds

The battle over arbitration in California continues, with a divided panel of the Ninth U.S. Circuit Court of Appeals ruling that the Federal Arbitration Act (FAA) preempts the state’s Assembly Bill 51, a law that prohibits...more

McDermott Will & Emery

A Win for Employers: Ninth Circuit Holds That California Ab 51 Prohibiting Mandatory Arbitration is Preempted by the Federal...

McDermott Will & Emery on

As of February 15, 2023, employers in California may once again require mandatory arbitration as the US Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) preempts Assembly Bill 51 (AB 51), a...more

White & Case LLP

Luxembourg strengthens its position as an arbitration hub by adopting a new arbitration law

White & Case LLP on

On 23 March 2023, the Luxembourg Chamber of Deputies adopted a bill reforming its arbitration law. This long-awaited reform is the first significant modification of the Luxembourg provisions on arbitration since the...more

EDRM - Electronic Discovery Reference Model

Dispute Resolution and Technology

Although familiar to everyone in the legal community, the definition of ADR is more complicated than the three simple letters of its acronym. Alternative Dispute Resolution encompasses well-known elements such as Mediation,...more

Walkers

BVI insolvency proceedings - top creditor FAQs for 2023

Walkers on

As 2023 gets into its stride and with the financial markets forecasting severe economic challenges in 2023, we are seeing an increasing number of enquiries from creditors with respect to debts owed by BVI incorporated...more

Carlton Fields

Fifth Circuit Refuses to Vacate Arbitration Award, Holds That Party’s Arguments Merely Ask for Merits Review

Carlton Fields on

The Fifth Circuit Court of Appeals recently rejected a claim that an arbitration award should be vacated by holding that the challenging party’s arguments improperly asked the court to review the merits of the arbitration...more

BakerHostetler

Coinbase Inc. v. Bielski - Supreme Court Holds Oral Argument on the Issue of Whether an Interlocutory Appeal of the Denial of a...

BakerHostetler on

The Coinbase case involves a joint petition for writ of certiorari that could have a major impact on motions to compel arbitration under the Federal Arbitration Act (FAA). Coinbase, Inc. v. Bielski, Case No. 22-105 (oral...more

Seyfarth Shaw LLP

Adverse Adjudication on the Merits Deprives Plaintiffs of PAGA Standing

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Rocha v. U-Haul Co. of Cal., the California Court of Appeal held that a plaintiff asserting a PAGA claim does not have standing to pursue a PAGA claim on behalf of others, if an arbitrator denies the...more

Eversheds Sutherland (US) LLP

US Supreme Court weighs whether discovery should continue pending interlocutory appeal

Last week the US Supreme Court heard arguments regarding whether the interlocutory appeal of a denial of a motion to compel arbitration should also automatically stay proceedings in the trial court such as discovery. The...more

Rumberger | Kirk

Florida’s Most Comprehensive Tort Reform in Decades and What it Means for Insurers and Bad Faith Law

Rumberger | Kirk on

This morning Governor Ron DeSantis signed the reforms compiled in Senate Bill 236 and House Bill 837 (“HB 837”). Some of the key aims of HB 837 with respect to insurance include decreasing frivolous lawsuits, altering...more

Carlton Fields

Third Circuit Affirms Finding That Defendant Waived Its Arbitration Rights

Carlton Fields on

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

Orrick, Herrington & Sutcliffe LLP

Singapore's New Approach to Determining Arbitrability

While it might seem to a commercial negotiator to be a point of pedantic detail in drafting an arbitration clause, the recent decision of Anupam Mittal v. Westbridge Ventures emphasises the importance for commercial parties...more

Hogan Lovells

A right to be heard – Hong Kong court says it need only be "reasonable"

Hogan Lovells on

Parties to an arbitration only need to be given a "reasonable" opportunity to present their case and to address the cases of their opponents under the Hong Kong Arbitration Ordinance. So ruled the Honourable Justice Mimmie...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Holds That a PAGA Plaintiff Maintains Standing to Assert Representative Claims Even When Individual...

On February 2, 2023, the California Court of Appeal issued an important follow-up decision to the United States Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana, — U.S. —, 142 S. Ct. 1906 (2022). Galarsa v....more

Carlton Fields

Ninth Circuit Affirms District Order Refusing to Compel Arbitration

Carlton Fields on

In City of Laurel, Mississippi v. Cintas Corp. No. 2, the Ninth Circuit Court of Appeals addressed the issue whether a valid arbitration agreement existed between the plaintiff City of Laurel, Mississippi, and defendant...more

Katten Muchin Rosenman LLP

FINRA Proposes Changes to Arbitrator List Selection Process

The Financial Industry Regulatory Authority (FINRA) recently proposed several rule changes aimed at “provid[ing] greater transparency and consistency” with respect to the arbitrator list selection process administered by...more

Seyfarth Shaw LLP

State Law Can Serve as a Backstop to the Federal Arbitration Act

Seyfarth Shaw LLP on

Seyfarth Synopsis: Since the Supreme Court’s decision in Southwest Airlines Co. v. Saxon, many employers have seen an uptick in plaintiffs seeking to avoid arbitration by arguing that they are transportation workers and thus...more

JAMS

[PODCAST] JAMS Neutrals Discuss How to Optimize Neutral Evaluation

JAMS on

In this podcast, JAMS neutrals Hon. Robert L. Dondero (Ret.), Hon. Allyson K. Duncan (Ret.) and Hon. Gregory M. Sleet (Ret.) explain the advantages of utilizing neutral evaluation prior to filling a brief or completing oral...more

Shearman & Sterling LLP

New Model Clause for Parties to Designate the SICC as Supervisory Court for Singapore-Seated Arbitrations

The Singapore International Commercial Court (SICC) recently introduced a new model clause allowing parties to expressly designate the SICC as having jurisdiction over court proceedings relating to Singapore-seated...more

Ballard Spahr LLP

Consumer Advocates Take Aim at Chamber’s New Mass Arbitration Report

Ballard Spahr LLP on

The U.S. Chamber of Commerce’s recent publication of an 80-page report titled “Mass Arbitration Shakedown: Coercing Unjustified Settlements” has fanned the flames on an already heated debate between consumer advocates and...more

Dentons

Consumer protection consolidation: new class action approved in Italy

Dentons on

On March 9, 2023, Italy’s Council of Ministers approved the legislative decree transposing and implementing Directive (EU) no. 2020/1828 on representative actions for the protection of consumers’ collective interests. This...more

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Updated: Dec 28, 2021:

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Updates to This Policy

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