News & Analysis as of

Motion to Compel

Judge’s Ruling on Scope Under Rule 26 Brings a Mixed Bag of Motions Granted and Denied: eDiscovery Case Law

by CloudNine on

In TMJ Grp., LLC v. IMCMV Holdings, No. 17-4677 (E.D. La. April 6, 2018), Louisiana Magistrate Judge Janis van Meerveld ruled on Motions to Compel by both parties, both of which were granted in part and denied in part....more

Colorado Federal Court Adopts Report & Recommendation to Compel Arbitration Despite Challenge

by Carlton Fields on

Plaintiff sought to compel arbitration and enjoin defendant from pursuing claims of negligence and violations of the Colorado Consumer Protection Act (“CCPA”) in state court. ...more

Appellate Division Compels Arbitration of Consumer Fraud and TCCWNA Claims and Dismisses Class Claims

by Blank Rome LLP on

In Griffoul v. NRG Residential Solar Solutions, LLC and NRG Energy, Inc., the Appellate Division recently addressed the validity of an arbitration clause in a lease between the plaintiffs, residents of Elmwood Park and class...more

Former Employee Sanctioned for Lying Under Oath, Destruction of ESI: eDiscovery Case Law

by CloudNine on

In Heggen v. Maxim Healthcare Servs., Inc., No. 1:16-cv-00440-TLS-SLC (N.D. Ind. April 27, 2018), Indiana Magistrate Judge Susan Collins ruled that the plaintiff’s destruction of requested cellphone recordings, as well as...more

Gutierrez v. Wells-Fargo Bank – Eleventh Circuit Sheds More Light on Waiver of Arbitration Rights in Putative Class Setting

by BakerHostetler on

Whether a defendant has waived its right to arbitrate as to unnamed class plaintiffs has been a troubling issue. Some courts base their analysis on their lack of jurisdiction over unnamed putative class members. ...more

Eleventh Circuit Sides with Wells Fargo on Post-Class Certification Motion to Compel Arbitration

by BakerHostetler on

Wells Fargo achieved a significant victory on Thursday in decade-old litigation over allegedly unlawful overdraft fees when the Eleventh Circuit held that Wells Fargo had not waived its right to compel arbitration as to the...more

Court Compels Plaintiff to International Arbitration with Nonsignatories

by Holland & Knight LLP on

• In Caporicci U.S.A. Corp. v. Prada S.p.A., a U.S. District Court for the Southern District of Florida judge granted a motion to compel plaintiff and defendants, and certain service providers, to arbitrate in Milan, on the...more

Request to Depose Mayor Quashed Because No Proof of Proportionality

by Zapproved LLC on

Hurd v. City of Lincoln, No. 4:16-CV-3029, 2017 U.S. Dist. LEXIS 210104 (D. Neb. Dec. 21, 2017). In this employment discrimination and retaliation case, the plaintiff sought to depose the defendant City’s mayor. The court...more

Must Your Dispute Be Arbitrated? You May Be Entitled to Discovery to Find Out.

In a proceeding under the Federal Arbitration Act (“FAA”) to determine if a dispute must be arbitrated, a federal district court performs a more limited function than in a plenary civil action. On an application to stay an...more

Tax Counsel Ordered To Produce Documents Related To Odyssey Reinsurance’s Continuing Quest To Collect $3.2 Million Default...

by Carlton Fields on

Odyssey Reinsurance Company (“Odyssey”) has obtained an order compelling John Scannell to produce subpoenaed documents related to Odyssey’s efforts to collect a $3.2 million judgment rendered against Richard and Diane Nagby....more

Private Facebook Posts Could Be Fair Game For Discovery

by Fisher Phillips on

New York’s highest court recently held that social media users may be required to turn over information from their accounts—regardless of the user’s chosen privacy settings—as part of the discovery process (Forman v. Henkin)....more

Fifth Circuit Keeps the Horse Before the Cart: Arbitration to be Decided Before Conditional Certification

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an important decision for employers seeking to enforce arbitration agreements and limit wage and hour exposure and related defense costs, the U.S. Court of Appeals for the Fifth Circuit reaffirmed that...more

Fourth Circuit Finds Employer Cannot Compel Arbitration of Former Employee’s Discrimination Claims

by Carlton Fields on

The U.S. Court of Appeals for the Fourth Circuit recently ruled that two employment-related arbitration clauses did not “clearly and unmistakably” govern a former employee’s discrimination claims, and that the arbitrability...more

Court Compels Discovery in Response to Party That Was Using Outdated Rule 26 Standard: eDiscovery Case Law

by CloudNine on

In Cen Com, Inc. v. Numerex Corp., No. C17-0560 RSM, (W.D. Wash., April 11, 2018), Washington Chief District Judge Ricardo S. Martinez ruled that the Plaintiff’s refusal to comply with the Defendant’s request for discovery...more

When Seeking to Compel Arbitration, a Motion to Dismiss Is Sometimes the First Step

The Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1, et seq., provides the usual means of enforcing an arbitration agreement by compelling a party to arbitrate rather than litigate. Thus, the FAA enables an aggrieved party to...more

NC Court of Appeals Clarifies When a Nonsignatory Can Compel Arbitration

Generally, only signatories to an arbitration agreement can compel one another to arbitrate their claims. However, in certain situations, a nonsignatory may take advantage of an arbitration agreement between other parties....more

The Site Report - Construction Law Insights - Issue 1 - April 2018

Welcome to Our First Issue of 2018 - There have been many changes and new developments in the construction industry since the start of the year. As with any industry that experiences sweeping changes, we keep a sharp eye...more

7th Circuit Holds Minor Not Bound by Credit Card Arbitration Provision

by Weiner Brodsky Kider PC on

The Seventh Circuit Court of Appeals recently held that a minor child who had used her mother’s credit card once did not directly benefit from the cardholder agreement, and so could not be bound by the mandatory arbitration...more

Minor Not Bound—Directly Or Indirectly—By Arbitration Agreement In Mother’s Credit Card Agreement

by Carlton Fields on

Last month the Seventh Circuit reversed a lower court order enforcing an arbitration agreement contained in cardholder agreement as applied against the minor daughter (“A.D.”) of the cardholder, rejecting the bank’s attempt...more

What is the FRCP? Facts about the Federal Rules of Civil Procedure

by Zapproved LLC on

A primer on the Federal Rules of Civil Procedure - The Federal Rules of Civil Procedure, commonly referred to as the FRCP, govern how federal district courts conduct civil cases. (The rules for criminal cases are...more

No Bill of Sale, No Problem: Compelling Arbitration of FDCPA Claims

by Balch & Bingham LLP on

Last week, in Fuller v. Frontline Asset Strategies, Inc., the Northern District of Illinois compelled arbitration of Fair Debt Collection Practices Act (FDCPA) claims against LVNV Funding, LLC (LVNV), Resurgent Capital...more

3 Business Cases to Follow in the Supreme Court's Spring Term

by Bennett Jones LLP on

The Supreme Court of Canada’s spring term begins on April 16, 2018. Chief Justice Wagner has already put his stamp on the Court, announcing in February that it would begin releasing “plain language” summaries alongside its...more

Court Orders Evidentiary Sanctions for Plaintiffs’ ‘No Special Effort’ to Preserve Evidence

by Zapproved LLC on

Leidig v. BuzzFeed, Inc., No. 16 Civ. 542 (VM) (GWG) (S.D.N.Y. Dec. 19, 2017). In this defamation case, the court ordered evidentiary sanctions to address the prejudice caused by the plaintiffs’ negligent preservation...more

Fourth Circuit Dismisses Appeal Of Order Compelling Arbitration In Voluntarily Dismissed Class Action

by Carlton Fields on

This case arose from a putative class action alleging claims against Groupon on the basis of its reimbursement policies. After the trial court ordered the parties to arbitrate pursuant to an arbitration clause in the parties’...more

Spring State Court Smorgasbord: Seven Decisions Friendly To Arbitration

The last post focused on three recent state appellate court decisions that refused to compel arbitration or vacated an award, and this follow-up post focuses on seven recent cases that are friendly to arbitration....more

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