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Motion to Compel Wrongful Death

Carlton Fields

Mississippi Supreme Court Affirms Denial of Motion to Compel Arbitration of Wrongful Death Suit

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Noting that the Federal Arbitration Act applies to nursing home admission agreements that include a mandatory arbitration provision, the Mississippi Supreme Court affirmed the trial court’s order denying Belhaven Senior Care...more

Payne & Fears

Nonparty Discovery in California Arbitration: How to Get What You Want

Payne & Fears on

Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more

Burr & Forman

Court Rejects Unconscionability Challenge to Arbitration Agreement That Was “Voluntary” and Not Obligatory

Burr & Forman on

On September 4, 2018, the Mississippi Court of Appeals upheld an arbitration agreement between a nursing home and its resident. See Massey v. Oasis Health & Rehab of Yazoo City, LLC, No. 2017-CA-00086-COA, 2018 WL 4204207...more

Carlton Fields

Estate Avoids Arbitration In Wrongful Death Maritime Suit Because Defendant Was Not A Signatory Or Party To Contract With...

Carlton Fields on

The Ninth Circuit refused last month to disturb a district court order denying a defendant’s motion to compel arbitration against a sailor in a maritime action pursuant to the Convention on the Recognition and Enforcement of...more

Snell & Wilmer

Is Your Arbitration Agreement Enforceable?

Snell & Wilmer on

Health care providers may favor arbitration due to the perception that it is a faster, less expensive alternative to litigation. State and federal policy favors arbitration for the same reasons.  Because of the strong public...more

Troutman Pepper

February 2017 Independent Contractor Misclassification and Compliance News Update

Troutman Pepper on

Four of the eight court cases we report on below in our February 2017 monthly update of IC misclassification cases involve Uber, and each of those cases were victories for the ride-sharing, on-demand company. Although none of...more

Hinshaw & Culbertson LLP

Plaintiff Who Could Not Afford to Pay for Arbitration Was Allowed to Pursue Her Malpractice Action in Court

Tillman adv. Rheingold Firm, No. 13-56624, 2016 BL 190432 (9th Cir. June 15, 2016) - Brief Summary - A former client who had agreed to arbitrate disputes with her lawyers, but ultimately could not afford to pay the...more

JAMS

Witnesses in Arbitration – California Arbitration Act (Part I)

JAMS on

Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable). This...more

Sands Anderson PC

Selective Way Ins. Co. v. Schulle, Western District of Virginia

Sands Anderson PC on

The Western District of Virginia reaffirmed the standard for production of information during discovery, as well as the importance of fair mediation, in its recent decision of Selective Way Insurance Co. v. Schulle. ...more

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