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Contract Terms Arbitration Waivers

BCLP

The Absence of a Uniform Arbitration Waiver Test in the Second Circuit Poses Litigation Challenges

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Defendants considering whether to seek dismissal of a complaint or to compel arbitration have to consider when failing to compel arbitration waives their right to arbitration. Since the Supreme Court’s 2022 decision in Morgan...more

Snell & Wilmer

Want to Get the Most Out of Your Contract? Use It!

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Many an initial construction dispute attorney-client conference sounds like this: Client: “I have a contract dispute with my [owner/design professional/contractor/subcontractor].” Attorney: “Ok, what does your contract say?”...more

Bradley Arant Boult Cummings LLP

Posture Away, You May Still Get Your Way

The Sixth Circuit recently reversed a decision from an Ohio federal court related to whether a party waived its arbitration rights through posturing correspondence written prior to the filing of litigation or arbitration. In...more

Nilan Johnson Lewis PA

10 Considerations for Personal Transportation Customer and Vendor Agreements

Nilan Johnson Lewis PA on

Manufacturers of personal transportation and other micromobility devices—as well as providers of sharing networks for such devices—can save hundreds of thousands of dollars in litigation fees by taking proactive steps to...more

Seyfarth Shaw LLP

Pre-Dispute Arbitration Agreements And Non-Disclosure Provisions On The Chopping Block In New Jersey

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey Legislature recently passed Senate Bill 121 affecting claims of discrimination, harassment, and retaliation, which if signed into law, would render any prospective waiver of rights against...more

Poyner Spruill LLP

The Basics of Arbitration: Q&A

Poyner Spruill LLP on

Most businesses are generally familiar with arbitration, but the details of the process can sometimes be a bit murky. Whenever parties engage in arbitration, those unknown details can cause confusion and anxiety for even the...more

Snell & Wilmer

Under Construction - March 2017

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Letter from the Editor - Welcome to the spring 2017 edition of our Under Construction newsletter. We hope 2017 is off to a good start for you and your company. An issue that seems to commonly come up in cost-plus...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Arbitration Agreement Declared Invalid Without Express Waiver of Employee’s “Right to a Trial”

Many employers have turned to mandatory employment arbitration agreements as a way to control the cost, duration, and publicity of employment litigation. New Jersey courts will enforce properly drafted agreements that require...more

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