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District Court Finally Rules on J&J’s Rejection of Shareholder’s Arbitration Proposal

The issue of shareholder arbitration is in the news again, this time in the form of a long-awaited court decision...

Securities Arbitration Alert
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Fourth Circuit Holds Estate of Assisted Living Facility Resident Required to Arbitrate Wrongful Death……

In 2017, the plaintiff’s father was admitted as a resident to an assisted living facility in Greenville, South Carolina. As...

Reinsurance Focus
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Vienna International Arbitral Centre Launches New Investment Arbitration and Mediation Rules

With effect from 1 July 2021, the Vienna International Arbitral Centre (the VIAC) has new specialised VIAC Rules of Investment...

Allen & Overy
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TC Energy’s $15B Claim Against U.S. for Biden’s Revocation of Keystone XL Pipeline Permit

TC Energy Corporation stated that it filed a notice of intent with the U.S. Department of State that it will...

Liskow & Lewis
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Texas Federal Court Compels Arbitration of Civil Rights Claims but Stays Proceedings to Avoid Future……

The plaintiff filed suit for alleged civil rights violations arising from his former employment with the defendant. The defendant moved...

Carlton Fields
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Fifth Circuit Rules that Relocation of Place of Arbitration Did Not Manifestly Disregard the Parties’ Agreement or the Law

A little over a year before Hugo Chávez came to power in Venezuela, Huntington Ingalls Incorporated (“Huntington Ingalls,” formerly known...

Global Arbitration News
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Sixth Circuit Holds Former Employee Required to Arbitrate “Gateway” Questions Concerning Arbitration……

The plaintiff sued his former employer, Charter Communications, asserting Kentucky state law claims arising out of his termination. After the...

Reinsurance Focus
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Ohio District Court Rejects Multiple Challenges to Electronically Signed Arbitration Agreement

Following the United States Supreme Court’s decision three years ago in Epic Systems Corp. v. Lewis, courts have increasingly enforced...

Baker Hostetler
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Court Confirms Arbitration Decision Concluding That Discrimination Claims Were Time-Barred

A federal district court recently confirmed an arbitration decision concluding that a disgruntled former employee’s discrimination and retaliation claims under...

Carlton Fields
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FINRA Issues Regulatory Notice 21-16 Concerning Predispute Arbitration Agreement Requirements

While Financial Industry Regulatory Authority (FINRA) rules do not require member firms and customers to enter into arbitration agreements or...

Troutman Pepper
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Second Circuit Affirms Arbitration Award While Confirming Continuing Applicability of Manifest……

On August 18, 2002, the Seneca Nation of Indians (the “Nation”) entered into a Compact with the State of New...

Baker McKenzie
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Kentucky Supreme Court Upholds An Arbitrator’s Use of the Merger Doctrine Over a Statutory Challenge

The Supreme Court of Kentucky upholds unanimously an Arbitrator’s award despite a challenge on the grounds that KRS 324.360 overruled the merger...

Securities Arbitration Alert
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SDNY Declines to Adopt Collateral Attack Doctrine, Grants Motion to Compel Arbitration

Petitioners Credit Suisse AG and Lara Warner sought to permanently stay an arbitration commenced by respondent Colleen Graham, who cross-moved...

Reinsurance Focus
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District Court Rules An Agreement Purporting To Require Arbitration Of Any Dispute……

Mey v. DIRECTV, LLC, No. 5:17-CV-179-JPB-JPM (N.D. W. Va. Feb. 12, 2021) [click for opinion] In 2012, Plaintiff Diana Mey,...

Global Arbitration News
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Illinois District Court Denies Motion to Vacate Arbitration Award and Imposes Sanctions……

The U.S. District Court for the Northern District of Illinois denied a former employee’s motion to vacate an arbitration award...

Carlton Fields
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Singapore extends third-party funding framework to domestic arbitrations and SICC proceedings

From 28 June 2021, Singapore will permit third-party funding of domestic arbitration proceedings, proceedings in the Singapore International Commercial Court...

Herbert Smith Freehills
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Ninth Circuit Withdraws Opinion That Signaled Shift in Arbitration Landscape for Non-Signatories

The US Court of Appeals for the Ninth Circuit issued an order withdrawing its opinion in Setty v. Shrinivas Sugandhalaya, where...

McDermott Will & Emery
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D.C. Circuit Affirms Award of Fees

This case arose out of an employment dispute between Preeminent Protective Services Inc., which provides security services in and around...

Reinsurance Focus
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Securities Litigation Update: Eighth Circuit Endorses Striking Class-Action Allegations on the Pleadings……

On June 3, 2021, in Donelson v. Ameriprise Financial Services, Inc., a panel of the U.S. Court of Appeals for...

Cadwalader, Wickersham & Taft
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Second Circuit Affirms Denial of Vacatur of Employment Arbitration Award Due to Failure to Provide Evidence……

The district court had denied a motion filed by a former employee of a department store for vacatur of an...

Carlton Fields
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Ninth Circuit Sends Statutory Employment Claims to Arbitration

In a new decision, the U.S. Court of Appeals for the Ninth Circuit announced a standard for when an employee...

Manatt
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District Court Grants Motion to Compel Arbitration, Finding that Parties had Delegated Questions of Unconscionability to the Arbitrator

In March 2019, Plaintiff Daniel Zeevi opened a bank account with a Las Vegas, Nevada branch of Defendant Citibank, N.A....

Baker McKenzie
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Private Employment Arbitration Agreement Not Binding on Secretary of Labor When Bringing an Enforcement……

The Department of Labor brought an enforcement action against Arizona Logistics Inc. for alleged violations of the FLSA’s minimum wage,...

Reinsurance Focus
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Ninth Circuit Upholds Arbitration for Non-Signatory Defendant

California law is not typically seen as amiable to compelling employees to arbitrate their claims. However, in Franklin v. Community...

Jackson Lewis
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Now In Print – Discussions In Dispute Resolution: The Foundational Articles

“I am thrilled to announce that Discussions in Dispute Resolution: The Foundational Articles (available here – for 30% off use this discount code –...

Sarah Rudolph Cole
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Pharmacy Cannot Use Equitable Estoppel To Enforce Pdaa Against Non-Signatory Consumers, Ninth Circuit Holds

It is hornbook law that a signatory to a broad predispute arbitration agreement (“PDAA”) is bound by its terms under...

Securities Arbitration Alert
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Airbnb Can Arbitrate COVID-19 Repayment Dispute

03, pausing rather than dismissing court proceedings in case the home-sharing platform is found to have wrongly withheld funds. U.S....

Law360
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Eleventh Circuit: arbitration clause broad enough to be “related to” post-termination dispute, but is it too broad to be enforceable?

Parties seeking to compel arbitration often rely on the rule that where an arbitration agreement contains broad language, any ambiguity...

Kilpatrick Townsend
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Amazon Faced 75,000 Arbitration Demands. Now It Says: Fine, Sue Us

The retail giant is no longer steering customers away from the court system, as companies scramble to find ways to...

The Wall Street Journal
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Supreme Court Is Asked (Again) to Rule on Whether the FAA Preempts California Public Injunctive Relief Law……

For the second time in two years, the U.S. Supreme Court is being asked to decide whether the Federal Arbitration...

Consumer Finance Monitor

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