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Arbitration Arbitration Awards Attorney's Fees

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Carlton Fields

Vacation of Arbitration Award for Manifest Disregard of the Law Is “Exceedingly Rare,” Requires “Egregious Impropriety”

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The U.S. District Court for the Southern District of New York denied a petition to vacate a $65 million arbitration award based on the petitioner’s argument that the arbitrator’s decision was in “manifest disregard of the...more

Farrell Fritz, P.C.

“Prevailing Party” Attorneys’ Fee Provisions

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Contracts with “prevailing party” provisions offer the tantalizing, coveted prospect of the winner recovering attorneys’ fees from the loser in legal disputes over the contract’s enforcement....more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published February 2023

Arbitration. The Ninth Circuit held Xerox waived its right to compel arbitration against putative class members when it acted inconsistently with its right to arbitrate prior to class certification in litigation against a...more

Carlton Fields

Georgia Court of Appeals Confirms Arbitration Award Holding That Arbitrator Did Not Manifestly Disregard Law or Overstep Authority

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Concluding that the arbitrator did not manifestly disregard contract law or overstep his authority, the Georgia Court of Appeals confirmed the arbitrator’s award and remanded the matter for consideration of an award of...more

Carlton Fields

SDNY Confirms Arbitration Award in Employment Dispute, Finds Arbitrator Did Not Manifestly Disregard Law

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A federal court in the Southern District of New York recently confirmed an arbitration award in an employment dispute between Gould Paper Corp. and its former employee David Berkowitz. On July 19, 2019, Berkowitz initiated...more

JAMS

Recovering Attorney Fees in Arbitration

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An accurate assessment of damages is critical for case evaluation, and the cost of dispute resolution plays an important role in deciding to pursue claims. Even strong liability cases can fail to make economic sense. That is...more

Carlton Fields

New York Federal Court Declines to Modify Arbitration Award to Include Attorneys’ Fees and Costs

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The plaintiff filed suit in the U.S. District Court for the Eastern District of New York seeking to modify an arbitration award to include reasonable attorneys’ fees, costs, and expenses. The award had been issued to the...more

Carlton Fields

Fifth Circuit Affirms Significant Arbitration Award of Attorney's Fees, Clarifying the Limited Scope of Review and Ruling That the...

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Beyond International, Inc. and an individual (“Beyond”) appealed the district court’s order granting plaintiffs’ motion to confirm an arbitration award in favor of Diverse Enterprises, Ltd., Co., LLC and other parties...more

Carlton Fields

Third Circuit Affirms District Court’s Denial of Attorneys’ Fees Absent a Valid Statutory or Contractual Right to Additional Fees

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Betty Frison invented a product related to hair weaving and subsequently entered into an agreement with Davison Design to promote her product. The agreement required that the parties arbitrate any dispute. After believing...more

Bradley Arant Boult Cummings LLP

Contract, Project, and Arbitration in Florida? State Has Personal Jurisdiction Over Action to Enforce Arbitration Award

On June 24, 2020, in Sayers Constr., LLC v. Timberline Constr., Inc., et al., a Florida District Court of Appeal affirmed a trial court’s denial of a contractor’s motion to dismiss. The contractor moved to dismiss for lack of...more

Carlton Fields

Eleventh Circuit Affirms Confirmation of Arbitration Award Over Claims of Fraud, AAA Rule-Breaking, and Lack of Jurisdiction

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The Eleventh Circuit recently affirmed the confirmation of an arbitration award in a dispute involving a contract to obtain signatures for a Florida solar energy ballot initiative over claims that the prevailing party engaged...more

Carlton Fields

California District Court Confirms Arbitration Award Properly Conducted Under ICC Rules

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The defendant sought to vacate an arbitration award, arguing that the arbitrator prejudiced the defendant by refusing to order discovery it requested and failed to apply California law to the analysis of attorneys’ fees and...more

Carlton Fields

Second Circuit Affirms District Court’s Order as It Addressed Party’s Argument on Appeal

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This case arises out of an underlying arbitration between First Capital Real Estate Investments LLC and SDDCO Brokerage Advisors LLC. First Capital appealed from an order of the district court denying First Capital’s petition...more

Carlton Fields

Texas Magistrate Denies Motion for Attorneys’ Fees Incurred in Seeking Confirmation of Arbitration Award

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The plaintiff successfully confirmed an arbitration award concerning certain franchise agreements and then sought attorneys’ fees and costs incurred in connection with its confirmation action based on the attorneys’ fees...more

Carlton Fields

Fifth Circuit Affirms Confirmation of Arbitration Ruling in Favor of Ameriprise Financial

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The Fifth Circuit affirmed the confirmation of an arbitration ruling in favor of Ameriprise Financial Services Inc. In 2015, Ameriprise sought a temporary restraining order against Jeremy Walker, a former employee of an...more

Carlton Fields

District of Idaho Rejects Challenges to Arbitration Award

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The defendant sought to vacate an arbitration award on the basis of arbitrator misconduct and manifest disregard of the law or, in the alternative, modification of the award....more

Lewitt Hackman

Franchisor 101: Termination Is Not Enforcement

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A federal district court upheld an arbitration panel’s decision to deny attorneys’ fees to Benihana, even though Benihana won a dispute with its licensee. The licensee started arbitration claiming Benihana breached the...more

Carlton Fields

Sixth Circuit Finds It Lacks Jurisdiction Over Dispute Regarding Proper Forum For Settlement Of Fee Dispute

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A dispute regarding attorney Steven Johnson’s right to fees from William Drake, an individual who hired Johnson to pursue a product liability claim, was made considerably more complicated by conflicting forum provisions in a...more

Lewitt Hackman

Franchisee 101: A Lifeline Franchise?

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When you pay your phone bill, part of the taxes go into a fund used by the government to subsidize cell phone service to qualifying individuals, under federal and state Lifeline programs. Phones typically reach the end...more

Carlton Fields

Judge Rejects Ameriprise’s Request To Vacate Arbitration Award, But Reverses Award Of Attorney’s Fees

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Ameriprise sought vacatur of the award under grounds set forth in the FAA, namely fraud, evident partiality, arbitrator misconduct, and exceeding of powers. In refusing Ameriprise’s request, the court first noted that...more

Carlton Fields

Eighth Circuit Upholds Confirmation of Arbitration Award Directing Payment of Attorney’s Fees and Expenses Unrestricted by...

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In a case concerning a contract for the construction of a pipe conveyor system, ProEnergy Services, LLC, and its surety Western Surety Company (collectively, “ProEnergy”), appealed a judgment confirming an arbitration award...more

Bass, Berry & Sims PLC

Chris Lazarini Analyzes Presumption of Fraud in Case Involving Advisor's Effort to Avoid Paying a Promissory Note

Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which a former investment advisor at UBS sought to prevent the company from collecting on promissory notes the advisor owed to UBS upon his departure. After the...more

Carlton Fields

Court Construes Reinsurance Participation Agreement, Rejects Venue Objection, and Confirms Arbitration Award

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O’Connell Landscape Maintenance, Inc. (O’Connell) and Applied Underwriters Captive Risk Assurance Co. (AUCRA) entered into a reinsurance participation agreement (RPA)....more

Carlton Fields

Multi-Million Russian Mall Investment Dispute Remains In Limbo As Ninth Circuit Vacates Turnover Order Requiring Release Of Assets...

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In a matter between Petitioner Vitaly Smagin and Respondent Ashot Yegiazaryan, the London Court of International Arbitration awarded Smagin about $72 million in damages plus about $20 million in interest and fees....more

Bradley Arant Boult Cummings LLP

Cooperate or Pay: Recovering Attorneys’ Fees to Get to Arbitration

Does your arbitration agreement allow you to recover attorneys’ fees if the employee rebels against arbitration and you have to compel it? Maybe it should. In Aralar v. Scott McRea Automotive Group, a court in Florida...more

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