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Collateral Estoppel Arbitration Awards

Carlton Fields

Fourth Circuit Refuses to Create a Less Deferential Standard of Review for Arbitral Decisions That Implicate Res Judicata or...

Carlton Fields on

In a dispute between Constellium Rolled Products Ravenswood LLC and a labor union, Constellium argued that an arbitrator’s award against Constellium was contrary to a prior court decision involving the same parties and...more

Morris James LLP

Delaware Supreme Court Finds that Court of Chancery Had Jurisdiction To Enjoin a Collateral Attack on a Prior Arbitration Award...

Morris James LLP on

Gulf LNG Energy, LLC v. ENI USA Gas Mktg., LLC, No. 22, 2020 (Del. Nov. 17, 2020) - This decision confirms that the Court of Chancery has jurisdiction to enjoin a collateral attack on a prior arbitration award. The...more

Farrell Fritz, P.C.

Affirmatively Plead Your Defenses, or Risk “Waiving” Them Goodbye

Farrell Fritz, P.C. on

Many litigants are familiar with the well-settled rule that an affirmative defense will be waived if it is not included in a CPLR 3211(a) motion to dismiss or in the answer (see CPLR 3211[e]).   And so, lawyers tasked with...more

Snell & Wilmer

That’s Common Knowledge! Failure to Designate an Expert Witness in a Professional Negligence Case is Not Fatal Where “Common...

Snell & Wilmer on

In reversing summary judgment for defendants, the California Fourth District Court of Appeal recently held that homeowners suing their real estate broker for negligence did not need an expert witness to establish the elements...more

Dorsey & Whitney LLP

The Supreme Court - March 2016 #5

Dorsey & Whitney LLP on

The Supreme Court of the United States issued one per curiam decision on March 29, 2016: Friedrichs v. California Teachers Assn., No. 14-915: Petitioner Rebecca Friedrichs and other public school teachers in California...more

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