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Arbitration
Arbitration Required in TCPA Class Action Even Though Violation Occurred After Termination of the Contract
June 29, 2015
Jay Ramsey with Sheppard Mullin Richter & Hampton LLP summarizes a May 11, 2015 opinion by the Seventh Circuit Court of Appeals. That court reversed an order denying a motion to compel arbitration in a Telephone Consumer Protection Act class action suit. The Seventh Circuit held that the agreement was broad enough to apply to conduct that occurred after the termination of the agreement. According to Ramsey, "Sprint argued, and the Seventh Circuit agreed, that arbitration clauses still apply to conduct...
June 29, 2015
Jay Ramsey with Sheppard Mullin Richter & Hampton LLP summarizes a May 11, 2015 opinion by the Seventh Circuit Court of Appeals. That court reversed an order denying a motion to compel arbitration in a Telephone Consumer Protection Act class action suit. The Seventh Circuit held that the agreement was broad enough to apply to conduct that occurred after the termination of the agreement. According to Ramsey, "Sprint argued, and the Seventh Circuit agreed, that arbitration clauses still apply to conduct...
Delaware Enacts New Rapid Arbitration Act
June 24, 2015
The Delaware Rapid Arbitration Act (DRAA)—which provides a streamlined arbitration process that will allow for prompt, cost-effective resolution of business disputes—was passed by the Delaware House of Representatives on March 19, 2015, and the Delaware Senate on March 31, 2015, and was signed by Governor Jack Markell on April 3, 2015. The DRAA will become effective on May 4, 2015, and will be codified as new Chapter 58 of Title 10 of the Delaware Code. As summarized in more detail below, the DRAA...
June 24, 2015
The Delaware Rapid Arbitration Act (DRAA)—which provides a streamlined arbitration process that will allow for prompt, cost-effective resolution of business disputes—was passed by the Delaware House of Representatives on March 19, 2015, and the Delaware Senate on March 31, 2015, and was signed by Governor Jack Markell on April 3, 2015. The DRAA will become effective on May 4, 2015, and will be codified as new Chapter 58 of Title 10 of the Delaware Code. As summarized in more detail below, the DRAA...
The Practitioner’s Guide to the Delaware Rapid Arbitration Act
June 24, 2015
In April 2015, Delaware Governor Jack Markell signed into law one of the most highly specialized arbitration statutes ever passed: the Delaware Rapid Arbitration Act (hereafter the “Act” or the “DRAA”). The Act, a response to the request by Delaware’s corporate citizenry for a modern and useful arbitration statute, is the work of an interdisciplinary team of arbitration practitioners from Delaware, New York, Washington and abroad, led by Delaware’s Chief Justice Leo E. Strine, Jr.,...
June 24, 2015
In April 2015, Delaware Governor Jack Markell signed into law one of the most highly specialized arbitration statutes ever passed: the Delaware Rapid Arbitration Act (hereafter the “Act” or the “DRAA”). The Act, a response to the request by Delaware’s corporate citizenry for a modern and useful arbitration statute, is the work of an interdisciplinary team of arbitration practitioners from Delaware, New York, Washington and abroad, led by Delaware’s Chief Justice Leo E. Strine, Jr.,...
Court Affirms $14 Million Arbitration Award
June 22, 2015
A federal district court has confirmed a $14 million arbitration award entered in favor of Amerisure against its reinsurer Everest. As we earlier reported, the court had previously denied the motion to seal briefing associated with Amerisure’s motion to confirm the award. Now at issue was the confirmation, modification, or vacatur of the award, which directed Everest to indemnify Amerisure for its share of asbestos losses that fell within the parties’ reinsurance treaties. Everest moved to vacate...
June 22, 2015
A federal district court has confirmed a $14 million arbitration award entered in favor of Amerisure against its reinsurer Everest. As we earlier reported, the court had previously denied the motion to seal briefing associated with Amerisure’s motion to confirm the award. Now at issue was the confirmation, modification, or vacatur of the award, which directed Everest to indemnify Amerisure for its share of asbestos losses that fell within the parties’ reinsurance treaties. Everest moved to vacate...
JAMS Publishes IP Dispute Resolution Review
June 19, 2015
JAMS is proud to announce the first issue of the new JAMS IP Practice eNewsletter: IP Dispute Resolution Review. This newsletter...
June 19, 2015
JAMS is proud to announce the first issue of the new JAMS IP Practice eNewsletter: IP Dispute Resolution Review. This newsletter...
Court Denies Insurer’s Request to Arbitrate
June 19, 2015
In a case involving a dispute arising from a fire at the Wisconsin County Courthouse, a Wisconsin federal court issued an order denying Lexington Insurance Company’s motion to participate in an arbitration between the two insurers primarily responsible for the losses. Lexington argued it was an excess insurer (or reinsurer – the parties disagreed) for the policy issued by the State of Wisconsin Local Government Property Insurance Fund insuring the county. In addition to coverage afforded by the Fund,...
June 19, 2015
In a case involving a dispute arising from a fire at the Wisconsin County Courthouse, a Wisconsin federal court issued an order denying Lexington Insurance Company’s motion to participate in an arbitration between the two insurers primarily responsible for the losses. Lexington argued it was an excess insurer (or reinsurer – the parties disagreed) for the policy issued by the State of Wisconsin Local Government Property Insurance Fund insuring the county. In addition to coverage afforded by the Fund,...
“Clearly and Unmistakably” Delegates Arbitrability to Arbitrator
June 19, 2015
In a putative class action for denial of employment benefits brought by security contractors against their hiring firm, Blackwater Security Consulting, the court found that the governing agreements delegated the issue of arbitrability to an arbitrator and compelled arbitration. The contractors contended that the agreements contained no such delegation, but the court disagreed, finding that that the agreements’ incorporation of the AAA rules was sufficient to “clearly and unmistakably” submit...
June 19, 2015
In a putative class action for denial of employment benefits brought by security contractors against their hiring firm, Blackwater Security Consulting, the court found that the governing agreements delegated the issue of arbitrability to an arbitrator and compelled arbitration. The contractors contended that the agreements contained no such delegation, but the court disagreed, finding that that the agreements’ incorporation of the AAA rules was sufficient to “clearly and unmistakably” submit...
What Can Practitioner Learn from an ERISA MPPAA Pension Plan Case?
June 18, 2015
Dystopian-future bureaucratic procedure may be one thing, but federal court litigation procedure is quite another—not because of where we might or might not be if we don’t follow it—but simply because not following it can have disastrous consequences. That is true in spades in Federal Arbitration Act enforcement litigation, where proceedings to enforce arbitration agreements and awards are governed by a strange amalgam of procedural rules derived from the Federal Arbitration Act, the Federal...
June 18, 2015
Dystopian-future bureaucratic procedure may be one thing, but federal court litigation procedure is quite another—not because of where we might or might not be if we don’t follow it—but simply because not following it can have disastrous consequences. That is true in spades in Federal Arbitration Act enforcement litigation, where proceedings to enforce arbitration agreements and awards are governed by a strange amalgam of procedural rules derived from the Federal Arbitration Act, the Federal...
Judge Richard A. Posner Weighs in on Federal Policy in Favor of Arbitration
June 17, 2015
Ronald v. Sprint Spectrum L.P., No. 14-3478, slip op. (7th Cir. May 11, 2015) arose out of a class action lawsuit brought in the U.S. District Court for the Northern District of Illinois by a putative class of mobile phone customers—represented by Mr. and Ms. Andermann (the “Andermanns”)—against Sprint, which sought damages for alleged violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227. Sprint moved to compel arbitration, but the district court denied its motion. Sprint...
June 17, 2015
Ronald v. Sprint Spectrum L.P., No. 14-3478, slip op. (7th Cir. May 11, 2015) arose out of a class action lawsuit brought in the U.S. District Court for the Northern District of Illinois by a putative class of mobile phone customers—represented by Mr. and Ms. Andermann (the “Andermanns”)—against Sprint, which sought damages for alleged violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227. Sprint moved to compel arbitration, but the district court denied its motion. Sprint...
Reinsurers’ Motion to Vacate Held Time-Barred
June 17, 2015
A federal judge in New York has denied reinsurers’ motions for relief from a prior judgment. The reinsurers, Equitas Insurance Limited and Certain Underwriters at Lloyd’s of London, argued that they were entitled to judicial relief because the insured, Arrowood Indemnity Company, procured an arbitration award later confirmed by the Southern District through fraud. Arrowood entered into a casualty reinsurance agreement with the underwriters. To recover under this agreement, claims needed to fall...
June 17, 2015
A federal judge in New York has denied reinsurers’ motions for relief from a prior judgment. The reinsurers, Equitas Insurance Limited and Certain Underwriters at Lloyd’s of London, argued that they were entitled to judicial relief because the insured, Arrowood Indemnity Company, procured an arbitration award later confirmed by the Southern District through fraud. Arrowood entered into a casualty reinsurance agreement with the underwriters. To recover under this agreement, claims needed to fall...
