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American Arbitration Association

Esquire Deposition Solutions, LLC

How Many Depositions Are Enough?

Ten is the presumptive upper limit on the number of depositions that each party may take in civil litigation in the federal courts. This number, provided by Rule 30(a)(2) of the Federal Rules of Civil Procedure, can be...more

Robinson+Cole Construction Law Zone

Attorneys’ Fees and the American Arbitration Association Rule

A common question from clients, when a dispute arises on a construction project, is whether they can recover their attorney’s fees from the other side if they pursue a case and win. More often than not, such fees are not...more

Ballard Spahr LLP

Cookie Cutter Declarations Will Not Prop Up Mass Arbitrations

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On July 8, we published a blog about a landmark 7th Circuit opinion involving mass arbitration: Pauline Wallrich v. Samsung Electronics America, Incorporated. In that opinion, the Court dismissed a lawsuit against Samsung...more

Ballard Spahr LLP

Seventh Circuit Slams the Brakes on Consumer Mass Arbitration against Samsung

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We previously wrote about an Illinois federal district court order requiring Samsung to pay about $4 million in arbitration fees in connection with 35,000 individual arbitration demands filed as part of a “mass arbitration”...more

BCLP

Is Your Company Vulnerable to a Mass Arbitration Attack? What It is and How to Prevent It

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A recent trend in litigation has emerged that is causing companies to re-think conventional wisdom. Until now, it has been a widely adopted best practice for retailers and other consumer-facing companies to include mandatory...more

Steptoe & Johnson PLLC

American Arbitration Association Amends Construction Industry Arbitration Rules

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Many construction contracts call for disputes to be decided by arbitration under the auspices of the American Arbitration Association (AAA). In 2024, the AAA amended its rules governing AAA construction industry arbitrations....more

Goodwin

JAMS Release Mass Arbitration Procedures Following AAA’s Lead

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In recent years, plaintiff-side attorneys have increasingly relied on a strategy of “mass arbitration” to force companies into in terrorem settlements, whereby large numbers of claims are settled quickly before the underlying...more

Hudson Cook, LLP

AAA Makes Changes in Attempt to Reign in Mass Arbitration

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Ever heard of "mass arbitration"? If you haven't heard of that term, you may be lucky. By rule of thumb, a "mass" of something isn't necessarily a good thing (unless it's a mass of tacos on my plate)....more

Kilpatrick

California appellate court finds WeChat users are bound by arbitration agreement under equitable estoppel theory but remands for...

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Takeaway: In Citizen Power Initiatives for China, et al. v. Tencent America LLC, et al., Nos. H049519 & H049717, 2024 WL 2266070 (Cal. Ct. App. May 20, 2024), a California appellate court found that WeChat users were bound...more

McGlinchey Stafford

JAMS Announces New Mass Arbitration Rules and Procedures

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Following in the footsteps of the American Arbitration Association (AAA), JAMS recently announced the creation of its own mass arbitration procedures and guidelines, designed, in part, “to facilitate the fair, expeditious,...more

Fenwick & West LLP

JAMS Issues New Rules for Mass Arbitrations

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Two of the largest alternative dispute resolution services providers—JAMS and the American Arbitration Association (AAA)—have updated or created new rules and fee schedules for mass arbitrations. This development indicates...more

Snell & Wilmer

Important Arbitration Update: 2024 Amendments to the AAA Construction Industry Arbitration Rules

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On March 1, 2024, the American Arbitration Association (the “AAA”) amendments to its Construction Industry Arbitration Rules (the “Rules”) became effective. The newly amended Rules seek to modernize aspects of the arbitration...more

Carlton Fields

Ninth Circuit Reverses Denial of Motion to Compel Arbitration

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The Ninth Circuit Court of Appeals recently reversed a district court’s decision to deny a motion to compel arbitration in a case involving a request to refund the cost of airline tickets after a cancellation....more

Mayer Brown

JAMS Adopts New Mass Arbitration Rules and Fee Schedules

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For businesses that use consumer and workplace arbitration agreements designating JAMS as their arbitration administrator, there is an important new development: JAMS has announced new Mass Arbitration Procedures and...more

Troutman Pepper

Navigating Mass Arbitration: New Rules and Strategies — The Consumer Finance Podcast

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In this episode of The Consumer Finance Podcast, Chris Willis is joined by Troutman Pepper Partner Jeremy Rosenblum and Neil Currie, vice president at the American Arbitration Association (AAA). They discuss the phenomenon of...more

Troutman Pepper

JAMS Issues New Mass Arbitration Procedures

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On May 2, JAMS announced its new Mass Arbitration Procedures and Guidelines and Mass Arbitration Procedures Fee Schedule (together, the Procedures), with the express goal to “facilitate the fair, expeditious and efficient...more

Ballard Spahr LLP

JAMS adopts mass arbitration procedures and guidelines

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After several years of refusing to adopt special rules applicable in mass arbitration proceedings, JAMS announced that it has issued Mass Arbitration Procedures and Guidelines and a Mass Arbitration Procedures Fee Schedule...more

Poyner Spruill LLP

New Changes to AAA Construction Rules

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Many construction contracts, especially on private projects, contain alternative dispute resolution provisions.  These provisions often incorporate the Construction Industry Rules and Mediation Procedures of the American...more

Axinn, Veltrop & Harkrider LLP

Even Arbitrations Are Not Safe from the Prejudgment Remedy

We previously wrote about the surprising power of the Connecticut Prejudgment Remedy (PJR) statute, which allows litigants to seek an order to attach or garnish property from another party in cases where there is probable...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 4, April 2024

Welcome to our fourth issue of 2024 for our construction industry insights e-newsletter - The Site Report. In our Ask the Attorney segment at the bottom of this e-newsletter, we introduce you to Todd Biddle, Member in...more

Benesch

Hoisted by Your Own (Pet)Arb Clause? New Developments in Mass Arbitration

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For more than a decade, companies have benefited immensely from the United States Supreme Court decision of AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), which upheld a company’s right to compel consumers into...more

Cozen O'Connor

AAA Updates Its Construction Industry Arbitration Rules and Mediation Procedures

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Effective March 1, 2024, the American Arbitration Association (the AAA) adopted an updated version of its Construction Industry Arbitration Rules and Mediation Procedures (the Rules), for the first time since 2015. The Rules...more

Proskauer - Minding Your Business

Arbitrator Awards Company $155M for Competitor’s Use of Its Confidential Information

An American Arbitration Association arbitrator recently awarded Black Knight, Inc. (BK) $155M stemming from Pennymac Loan Services, LLC’s (Pennymac) alleged use of its mortgage-loan servicing platform to develop its own...more

Baker Donelson

AAA Amends its Construction Industry Arbitration Rules

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For the first time in almost a decade, the American Arbitration Association has amended its Construction Industry Arbitration Rules for a more streamlined and efficient process as a result of feedback from construction...more

Pierce Atwood LLP

New Updates to AAA Construction Rules Now in Effect

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Effective March 1, 2024, the American Arbitration Association (AAA) has revised its Construction Industry Arbitration Rules and Mediation Procedures (AAA Rules). The AAA Rules provide a framework for resolving...more

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