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On January 13, 2025, the U.S. Supreme Court declined to grant certiorari in the case of Gauthier vs. Total Quality Logistics, leaving the decision of the Eleventh Circuit Court of Appeals intact. This means that freight...more
Over two years ago, the United States Supreme Court divested the federal courts of jurisdiction over all but a few disputes concerning the confirmation or vacation of arbitration awards. Since then, the federal appellate...more
In its recent decision in Rodriguez v. Federal Deposit Insurance Corp., No. 18–1269 (Sup. Ct. Feb. 25, 2020), the Supreme Court held that federal courts may not apply the federal common law “Bob Richards Rule” to determine...more
On February 25, 2020, the United States Supreme Court in Rodriguez v. Federal Deposit Insurance Corporation struck down a judicial federal common law rule—known as the Bob Richards rule—that is used by courts to allocate tax...more
On February 25, 2020, in Rodriguez v. Federal Deposit Insurance Corporation, No. 18-1269 (U.S. 2020), the U.S. Supreme Court effectively ruled that the so-called “Bob Richards rule” should not be used to determine which...more
On February 25, 2020, the United States Supreme Court issued a unanimous opinion vacating a decision by the U.S. Court of Appeals for the Tenth Circuit applying federal common law to determine the allocation of a corporate...more
The United States Supreme Court has picked up the pace this week, already issuing eight regular opinions and four opinions relating to orders as of today. We discuss the tax-related items here. In Rodriguez v. FDIC, the...more
On February 25, 2020, the Supreme Court decided Rodriguez v. Federal Deposit Insurance Corporation, No. 18-1269, overruling a federal common law rule that was used in some circumstances to determine how to distribute the tax...more
When can a Federal Court employ a federal common law rule to make its decision in the case? Justice Gorsuch answer this in Rodriguez v. Fed. Deposit Ins. Corp., U.S., No. 18-1269, 2/25/20. The answer...less often than you...more
Add the Fifth Circuit to the growing list of Federal Circuit Courts that have decided that “class arbitrability” is a gateway question for a court, rather than an arbitrator, to decide in the first instance, absent the...more
The U.S. Supreme Court issued two 5-4 decisions in as many months regarding class procedures. Lamp Plus, Inc. v. Varela, 587 U. S. ____ (2019) was favorable to corporate defendants by limiting the availability of class...more
On April 24, 2019, in a 5-4 decision split along ideological lines, the Supreme Court held in Lamps Plus, Inc. v. Varela that class arbitration is not available where arbitration agreements are unclear about whether the...more
Last year, the United States Supreme Court ruled that class action waivers in employment arbitration agreements are enforceable. But, the ruling did not address an agreement that is silent or ambiguous regarding the intent to...more
In a case with important implications for employers, Lamps Plus, Inc. v. Varela, the United States Supreme Court held that class-wide arbitration may not be compelled pursuant to an arbitration agreement that is ambiguous as...more
In 2016, a hacker tricked an employee of petitioner Lamps Plus Inc. into disclosing tax information of about 1,300 company employees. ...more
In last year’s Epic Systems decision, the U.S. Supreme Court held that the Federal Arbitration Act (FAA) allows mandatory arbitration agreements that preclude class or collective action claims. In other words, a party to the...more
On April 24, 2019, the U.S. Supreme Court issued an important decision touching a number of hot button issues and litigation threats facing American businesses — including class actions, arbitration agreements and data...more
In a 2010 decision, Stolt-Nielsen S. A. v. Animalfeeds International Corp., the United States Supreme Court held that parties may not be compelled to submit to class arbitration under the Federal Arbitration Act (FAA) unless...more
Approximately one year ago, the United States Supreme Court issued its landmark decision in Epic Systems v. Lewis, 548 U.S. ___ (2018), holding that class action waivers contained in arbitration agreements, including...more
Consistent with prior US Supreme Court opinions, the Supreme Court held on April 24, 2019, that contractual ambiguity regarding class arbitration may not be construed against the drafter because of Federal Arbitration Act...more
The US Supreme Court’s recent decision in Lamps Plus means that parties with arbitration agreements governed by the Federal Arbitration Act may now compel arbitration without worrying that the court will order class...more
Ambiguous language in an arbitration agreement is not a sufficient basis for concluding a party has agreed to class arbitration, the U.S. Supreme Court ruled last week....more
The Supreme Court ruled on April 24, 2019 that an arbitration agreement which is ambiguous as to whether the parties had agreed to class arbitration was insufficient to require a party to participate in class arbitration. ...more
On April 24, 2019, the United States Supreme Court, in a 5-4 decision authored by Chief Justice Roberts, held that an agreement ambiguous as to whether arbitration had been agreed for class claims as well as individual claims...more
On April 24, 2019, the U.S. Supreme Court issued a decision in Lamps Plus v. Varela that should be of interest to the maritime industry. Even though our industry has long relied upon mandatory arbitration clauses in its...more