News & Analysis as of

Motion to Compel De Novo Standard of Review

Carlton Fields

Ninth Circuit Affirms District Court Order Denying Motion to Compel Arbitration of Discrimination Claims

Carlton Fields on

In Perez v. Discover Bank, the Ninth Circuit Court of Appeals affirmed a district court order denying a motion to compel arbitration of the plaintiff’s discrimination claims, finding that the mandatory arbitration provisions...more

Proskauer - New Media & Technology

Unmasking Anonymous Copyright Infringers: Where the DMCA, First Amendment, and Fair Use Meet

Can internet service providers necessarily be compelled to unmask anonymous copyright infringers? In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the...more

Bradley Arant Boult Cummings LLP

South Carolina Supreme Court Says “No” to Binding Non-Signatories to Arbitration Clause

The Supreme Court of South Carolina recently determined that non-signatory insureds could not be compelled to arbitrate their claims under an arbitration clause in an agency agreement where the insureds did not obtain a...more

Morrison & Foerster LLP - Class Dismissed

Second Circuit Scraps District Court’s Denial of Uber’s Motion to Compel Arbitration

On August 17, 2017, the Second Circuit Court of Appeals vacated a district court’s denial of Uber’s and Mr. Travis Kalanick’s motions to compel arbitration in a case involving price-fixing accusations. In Meyer v. Kalanick,...more

Carlton Fields

Second Circuit Rules On Arbitrability Question

Carlton Fields on

After a de novo review of the District Court’s ruling denying a bank’s motion to compel arbitration, the United States Court of Appeals for the Second Circuit reversed and remanded a district’s court order. The plaintiff...more

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