Menu
district court
SDNY Enforces Hyperlinked Arbitration Clause and Class Action Waiver
June 4, 2014
Last month, the District Court for the Southern District of New York granted a motion to dismiss brought by defendant Gilt Groupe, Inc. (Gilt) in Starke v. Gilt Groupe, Inc. Adam Starke (Starke) sought to bring a class action claim against Gilt for allegedly misrepresenting on its website that its textiles were made from bamboo fibers when they are in fact made from bamboo derivatives (rayon). Gilt is an online shopping website that specializes in "flash sales" of short duration. In order to purchase...
June 4, 2014
Last month, the District Court for the Southern District of New York granted a motion to dismiss brought by defendant Gilt Groupe, Inc. (Gilt) in Starke v. Gilt Groupe, Inc. Adam Starke (Starke) sought to bring a class action claim against Gilt for allegedly misrepresenting on its website that its textiles were made from bamboo fibers when they are in fact made from bamboo derivatives (rayon). Gilt is an online shopping website that specializes in "flash sales" of short duration. In order to purchase...
Court Removes Arbitrator Over LinkedIn Disclosure Raising Doubt About Impartiality
March 26, 2014
The district court granted a motion to remove an arbitrator from presiding over an ongoing arbitration because of his failure timely to disclose a business pursuit that was likely to give rise to doubt regarding his impartiality. Sussex v. Turnberry/MGM Grand Towers, LLC, No. 08-cv-00773 (D. Nev. Dec. 31, 2013). Two years after his appointment, the arbitrator updated his LinkedIn profile to announce that he had recently refocused his practice to concentrate on the field of Litigation Finance...
March 26, 2014
The district court granted a motion to remove an arbitrator from presiding over an ongoing arbitration because of his failure timely to disclose a business pursuit that was likely to give rise to doubt regarding his impartiality. Sussex v. Turnberry/MGM Grand Towers, LLC, No. 08-cv-00773 (D. Nev. Dec. 31, 2013). Two years after his appointment, the arbitrator updated his LinkedIn profile to announce that he had recently refocused his practice to concentrate on the field of Litigation Finance...
Federal Courts Decide Arbitrator Appointment and Disqualification Issues
October 4, 2013
In Adam Tech., the Court of Appeals for the Fifth Circuit affirmed the denial of a motion to appoint an arbitrator. The court held that there had been no “lapse in the naming of an arbitrator” under FAA Section 5, deciding rather that it was Adam’ Tech.’s failure to comply with the International Center for Dispute Resolution’s rules that prompted the ICDR to appoint an arbitrator against Adam Tech.’s objection. The court also held that the challenge to the ICDR’s rules was a procedural...
October 4, 2013
In Adam Tech., the Court of Appeals for the Fifth Circuit affirmed the denial of a motion to appoint an arbitrator. The court held that there had been no “lapse in the naming of an arbitrator” under FAA Section 5, deciding rather that it was Adam’ Tech.’s failure to comply with the International Center for Dispute Resolution’s rules that prompted the ICDR to appoint an arbitrator against Adam Tech.’s objection. The court also held that the challenge to the ICDR’s rules was a procedural...
Mediation Misbehavior Not Protected
September 24, 2013
From FOI Natalie Fleury, here’s a great case arguing for good behavior in mediation: During a shuttle mediation addressing alleged sexual discrimination, the charging party (and at-the-time current A.B. Data employee), Michael Benes, broke into the room where his employer’s representatives were situated and stated “You can take your proposal and shove it ** **** *** and fire me and I’ll see you in court.” He apparently felt the offer was too low. Not surprisingly, he was fired. ...
September 24, 2013
From FOI Natalie Fleury, here’s a great case arguing for good behavior in mediation: During a shuttle mediation addressing alleged sexual discrimination, the charging party (and at-the-time current A.B. Data employee), Michael Benes, broke into the room where his employer’s representatives were situated and stated “You can take your proposal and shove it ** **** *** and fire me and I’ll see you in court.” He apparently felt the offer was too low. Not surprisingly, he was fired. ...
Court Rejects Confidentiality Rules of Appellate Court Where Mediation Occurred
April 1, 2013
The Colorado federal district court permitted statements during mediation to be included in a malpractice complaint by a client...
April 1, 2013
The Colorado federal district court permitted statements during mediation to be included in a malpractice complaint by a client...
