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Arbitration
Fourth Circuit Decides FINRA Rules to Govern Dispute Over Auction Rate Securities
March 4, 2013
A federal appeals court has ruled that two Wall Street brokerages must arbitrate a $234 million auction rate securities claim...
March 4, 2013
A federal appeals court has ruled that two Wall Street brokerages must arbitrate a $234 million auction rate securities claim...
DOJ to SCOTUS: Don’t Enforce Arbitration Agreement Invalidating Statutory Rights
March 4, 2013
On January 29, the U.S. Dept. of Justice filed an amicus brief supporting respondents in AmEx III, arguing that to enforce the class arbitration waiver would be to create a large loophole for important federal laws. The Solicitor General has also asked to argue at the hearing on February 27. To my knowledge, DOJ has never previously weighed in on an arbitration case before the U.S. Supreme Court. The issue in AmEx is whether American Express can enforce its arbitration agreement, which...
March 4, 2013
On January 29, the U.S. Dept. of Justice filed an amicus brief supporting respondents in AmEx III, arguing that to enforce the class arbitration waiver would be to create a large loophole for important federal laws. The Solicitor General has also asked to argue at the hearing on February 27. To my knowledge, DOJ has never previously weighed in on an arbitration case before the U.S. Supreme Court. The issue in AmEx is whether American Express can enforce its arbitration agreement, which...
The Battle over Confidential Arbitration
March 3, 2013
The Delaware Court of Chancery’s business arbitration program was barely underway when the Delaware Coalition for Open...
March 3, 2013
The Delaware Court of Chancery’s business arbitration program was barely underway when the Delaware Coalition for Open...
Predictive Coding Goes Mainstream
March 3, 2013
For several years, legal technology writers (and e-discovery vendors) have been touting “predictive coding” as a solution...
March 3, 2013
For several years, legal technology writers (and e-discovery vendors) have been touting “predictive coding” as a solution...
NY: Gov Cuomo Assigns AAA To Mediate Hurricane Sandy Disputes
March 1, 2013
Governor Andrew M. Cuomo today announced that the Department of Financial Services has established a voluntary mediation...
March 1, 2013
Governor Andrew M. Cuomo today announced that the Department of Financial Services has established a voluntary mediation...
Washington Supreme Court Finds No Prejudice in Arbitration Contract
March 1, 2013
It was a surprise to me the first time I found out that the nationally-known firm Doctor’s Associates was thecorporate name for the Subway Sandwiches chain. The chain is now the second largest food vendor in the world with more than 37,000 franchisees. With a workforce that large, it is not a surprise that the name Doctor’s Associates occasionally makes its way into the name of a case. In 1995, Doctor’s Associates became responsible for one of the most famous arbitration cases of all time...
March 1, 2013
It was a surprise to me the first time I found out that the nationally-known firm Doctor’s Associates was thecorporate name for the Subway Sandwiches chain. The chain is now the second largest food vendor in the world with more than 37,000 franchisees. With a workforce that large, it is not a surprise that the name Doctor’s Associates occasionally makes its way into the name of a case. In 1995, Doctor’s Associates became responsible for one of the most famous arbitration cases of all time...
U.S. Fifth Circuit Sends Age Discrimination Case to Arbitration
March 1, 2013
The United States Fifth Circuit Court of Appeals has held that an age discrimination claim must be arbitrated. InKlein...
March 1, 2013
The United States Fifth Circuit Court of Appeals has held that an age discrimination claim must be arbitrated. InKlein...
Arbitration Award RoundUp
February 28, 2013
Following is a summary of selected court opinions addressing requests for confirmation and vacation of arbitration awards. Manifest disregard NYKCool A.B. v. Pacific Fruit, Inc., No. 11-4246 (2d Cir. Jan 16, 2013) (affirming judgment by S.D.N.Y. confirming an arbitration award based on finding that defendant did not establish a “manifest disregard of the law,” or that the panel exceeded its authority or that the panel denied defendant a fundamentally fair hearing)
February 28, 2013
Following is a summary of selected court opinions addressing requests for confirmation and vacation of arbitration awards. Manifest disregard NYKCool A.B. v. Pacific Fruit, Inc., No. 11-4246 (2d Cir. Jan 16, 2013) (affirming judgment by S.D.N.Y. confirming an arbitration award based on finding that defendant did not establish a “manifest disregard of the law,” or that the panel exceeded its authority or that the panel denied defendant a fundamentally fair hearing)
SCOTUS Hears AmEx III: Argument highlights
February 28, 2013
The Supreme Court heard arguments in AmEx III today, the case that presents the question whether an arbitration agreement...
February 28, 2013
The Supreme Court heard arguments in AmEx III today, the case that presents the question whether an arbitration agreement...
American Express v. Italian Colors Restaurant Oral Argument Report
February 28, 2013
I read with interest the transcript of today’s oral argument in the highly anticipated American Express v. Italian Colors...
February 28, 2013
I read with interest the transcript of today’s oral argument in the highly anticipated American Express v. Italian Colors...
