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Arbitration
Panel Must Determine Whether Arbitrators Determine Amount Of Disputed Payment
October 15, 2015
In a dispute involving an earlier arbitration ordering American United Life Insurance Company (“AUL”) to make a commutation payment to The Travelers Indemnity, the parties filed cross petitions for arbitration pursuant to different clauses of a reinsurance contract. AUL argued arbitration should proceed pursuant to the Article 16 in the contract requiring all disputes between the company and the reinsurer be submitted to arbitration. It further argued that Travelers had forfeited its right to name...
October 15, 2015
In a dispute involving an earlier arbitration ordering American United Life Insurance Company (“AUL”) to make a commutation payment to The Travelers Indemnity, the parties filed cross petitions for arbitration pursuant to different clauses of a reinsurance contract. AUL argued arbitration should proceed pursuant to the Article 16 in the contract requiring all disputes between the company and the reinsurer be submitted to arbitration. It further argued that Travelers had forfeited its right to name...
Kentucky Supreme Court Refuses To Enforce Arbitration
October 15, 2015
Nursing home arbitration agreements are among the most unpopular arbitration agreements around. Last week, Kentucky’s...
October 15, 2015
Nursing home arbitration agreements are among the most unpopular arbitration agreements around. Last week, Kentucky’s...
Court May Appoint Arbitration Umpire Under FAA
October 14, 2015
On August 26, the Second Circuit Court of Appeals considered whether a trial court had appointment authority under the Federal Arbitration Act (“FAA”). Overturning a prior order that denied Odyssey Reinsurance Company’s (Odyssey) motion to appoint, the Second Circuit found that the trial court not only had the authority to appoint an arbitration umpire but “the obligation to appoint an umpire to correct a breakdown in the umpire selection process.” The trial court found that it did not need...
October 14, 2015
On August 26, the Second Circuit Court of Appeals considered whether a trial court had appointment authority under the Federal Arbitration Act (“FAA”). Overturning a prior order that denied Odyssey Reinsurance Company’s (Odyssey) motion to appoint, the Second Circuit found that the trial court not only had the authority to appoint an arbitration umpire but “the obligation to appoint an umpire to correct a breakdown in the umpire selection process.” The trial court found that it did not need...
Article On Donative Trusts and the Federal Arbitration Act
October 13, 2015
David Horton (Professor of Law, University of California, Davis - School of Law) recently published his article entitled,...
October 13, 2015
David Horton (Professor of Law, University of California, Davis - School of Law) recently published his article entitled,...
New IRS Regulation Does Away With Appeals Arbitration Program
October 12, 2015
Due to a lack of demand the Internal Revenue Service (IRS) has announced that it is doing away with the appeals arbitration program. Revenue Procedure 2015-44 will do away with the program that was originally set up as a two-year pilot program in 2000. The program let tax payers attempt to expedite the appeals process by being able to request arbitration for certain factual issues subject to the appeals administrative process. In the end this program had very little practical impact because during...
October 12, 2015
Due to a lack of demand the Internal Revenue Service (IRS) has announced that it is doing away with the appeals arbitration program. Revenue Procedure 2015-44 will do away with the program that was originally set up as a two-year pilot program in 2000. The program let tax payers attempt to expedite the appeals process by being able to request arbitration for certain factual issues subject to the appeals administrative process. In the end this program had very little practical impact because during...
Action To Vacate Arbitral Award Dismissed For Lack Of Subject-Matter Jurisdiction
October 12, 2015
A disappointed claimant in a FINRA arbitration filed suit under section 10 of the Federal Arbitration Act (“FAA”) in United States District Court to vacate the arbitral award. The court dismissed the case for lack of subject-matter jurisdiction. The court noted the well established principle that the FAA is not itself a source of subject-matter jurisdiction. Stating that the parties were not diverse, the court proceeded to evaluate whether it could exercise subject-matter jurisdiction based...
October 12, 2015
A disappointed claimant in a FINRA arbitration filed suit under section 10 of the Federal Arbitration Act (“FAA”) in United States District Court to vacate the arbitral award. The court dismissed the case for lack of subject-matter jurisdiction. The court noted the well established principle that the FAA is not itself a source of subject-matter jurisdiction. Stating that the parties were not diverse, the court proceeded to evaluate whether it could exercise subject-matter jurisdiction based...
Tom Brady: “We have all lost”
October 9, 2015
Patriots’ quarterback Tom Brady’s sentiments about the ordeal of “Deflategate”, a story and a litigation that needlessly lingered around for seven months, reflects Abraham Lincoln’s sentiments over 150 years ago. Brady’s statement, reported recently in TIME magazine, came after he won his appeal of the NFL’s decision to suspend him for four games for his alleged “general knowledge” about the team deflating footballs below the league’s range of inflation during a playoff game. Brady’s...
October 9, 2015
Patriots’ quarterback Tom Brady’s sentiments about the ordeal of “Deflategate”, a story and a litigation that needlessly lingered around for seven months, reflects Abraham Lincoln’s sentiments over 150 years ago. Brady’s statement, reported recently in TIME magazine, came after he won his appeal of the NFL’s decision to suspend him for four games for his alleged “general knowledge” about the team deflating footballs below the league’s range of inflation during a playoff game. Brady’s...
CFPB to Propose Rule Banning Enforcement of Class Action Waivers
October 8, 2015
Today, the CFPB issued a statement indicating that they are going to propose a rule that would prohibit the financial services...
October 8, 2015
Today, the CFPB issued a statement indicating that they are going to propose a rule that would prohibit the financial services...
Say Goodbye to Mandatory Arbitration—And Hello to Class Actions
October 7, 2015
Mandatory arbitration as we know it is on the way out. The Consumer Financial Protection Bureau on Wednesday announced that...
October 7, 2015
Mandatory arbitration as we know it is on the way out. The Consumer Financial Protection Bureau on Wednesday announced that...
SCOTUS Selects Second Arbitration Case For 2015 Term
October 7, 2015
2015 has been a dry spell in arbitration decisions from the U.S. Supreme Court, but 2016 promises to be much more interesting. In addition to the California case being heard next week, SCOTUS just granted certiorari in another California-based arbitration decision. This one, MHN Government Services, Inc. v. Zaborowski, will review an unpublished 2-1 decision of the Ninth Circuit that affirmed a district court’s refusal to compel arbitration. The beautifully succinct question presented is “whether...
October 7, 2015
2015 has been a dry spell in arbitration decisions from the U.S. Supreme Court, but 2016 promises to be much more interesting. In addition to the California case being heard next week, SCOTUS just granted certiorari in another California-based arbitration decision. This one, MHN Government Services, Inc. v. Zaborowski, will review an unpublished 2-1 decision of the Ninth Circuit that affirmed a district court’s refusal to compel arbitration. The beautifully succinct question presented is “whether...
