Tag: US Arbitration

Alleging Arbitrator Bias, Oppenheimer Moves to Vacate FINRA Panel’s $36+ Million Award author.

Alleging Arbitrator Bias, Oppenheimer Moves to Vacate FINRA Panel’s $36+ Million Award

This article was first published on the Securities Arbitration Alert blog, here. Oppenheimer has moved to vacate a massive Award...

By George Friedman
Arbitration of Investor Claims in An Industry-Sponsored Forum – A Look Back at 20 Years of Lessons author.

Arbitration of Investor Claims in An Industry-Sponsored Forum – A Look Back at 20 Years of Lessons

This article was first published on the Securities Arbitration Alert blog, here. Introduction Industry-sponsored arbitration has long been the only...

By Courtney M. Werning, David Neuman, Jorge L. Riera, Michael S. Edmiston
SCOTUS Declines to Review Case Involving FINRA Award author.

SCOTUS Declines to Review Case Involving FINRA Award

This article was first published on the Securities Arbitration Alert blog. here. The Supreme Court on October 31 denied Certiorari in Caputo v....

By George Friedman
An Emerging Trend to Replace Direct Testimony with Written Narrative Witness Statements in Commercial Arbitration author.

An Emerging Trend to Replace Direct Testimony with Written Narrative Witness Statements in Commercial Arbitration

A foundational principle of Arbitration is that it based on an agreement between the parties to submit their dispute for...

By Jerome Rock
FINRA DRS Posts Stats Through 3Q: Customer and Industry Arbitration Claims Have Definitely Stabilized. Mediation Filings Are Still Up, But Continue to Slow Down author.

FINRA DRS Posts Stats Through 3Q: Customer and Industry Arbitration Claims Have Definitely Stabilized. Mediation Filings Are Still Up, But Continue to Slow Down

This article was first published on the Securities Arbitration Alert blog. here. FINRA Dispute Resolution Services (“DRS”) has posted case statistics through...

By George Friedman
First Monday in October: Some Arbitration-Centric Cases Worth Following author.

First Monday in October: Some Arbitration-Centric Cases Worth Following

This article first appeared on the Securities Arbitration Alert Blog, here. The Supreme Court was back in session on October...

By George Friedman
Fifth Circuit: FAA Section 1 Does Not Exempt Local Delivery Drivers author.

Fifth Circuit: FAA Section 1 Does Not Exempt Local Delivery Drivers

This article first appeared on the Securities Arbitration Alert Blog, here. Houston area delivery drivers who generally did not cross...

By George Friedman
More on Amended AAA Commercial Rules author.

More on Amended AAA Commercial Rules

This article first appeared on the Securities Arbitration Alert Blog, here. Just as we were putting SAA 2022-33 (Sep. 1)...

By George Friedman
California AB-51 Update: Ninth Circuit Panel Declares A “Do-Over” author.

California AB-51 Update: Ninth Circuit Panel Declares A “Do-Over”

This article first appeared on the Securities Arbitration Alert Blog, here. The split Ninth Circuit Panel that had ruled a...

By George Friedman
Arbitrators: Be Cautious When Sanctioning Attorneys author.

Arbitrators: Be Cautious When Sanctioning Attorneys

A Colorado appellate court recently held that arbitrators do not have the inherent power to sanction an attorney personally for...

By Imre Szalai
FINRA DRS Posts Stats Through June: Customer and Industry Arbitration Claims Are Down at the Half-way Mark. Mediation Filings Are Still Strong But Are Slowing Down author.

FINRA DRS Posts Stats Through June: Customer and Industry Arbitration Claims Are Down at the Half-way Mark. Mediation Filings Are Still Strong But Are Slowing Down

This article first appeared on the Securities Arbitration Alert Blog, here. FINRA Dispute Resolution Services (“DRS”) has posted case statistics...

By George Friedman
The SCOTUS “Arbitration Quartet” – What You Need to Know author.

The SCOTUS “Arbitration Quartet” – What You Need to Know

Introduction As our readers know, the Supreme Court just concluded a very busy Term that included an unprecedented five arbitration-centric...

By George Friedman
Unanimous SCOTUS Decides Sundance: No Prejudice Requirement to Prove Waiver of Arbitration Rights author.

Unanimous SCOTUS Decides Sundance: No Prejudice Requirement to Prove Waiver of Arbitration Rights

The Supreme Court has decided Morgan v. Sundance Inc., No. 21-328, ruling unanimously that there is no prejudice requirement under the Federal Arbitration...

By George Friedman
A Note on Badgerow v. Walters et al. (No.20-1143, March 31,2022) author.

A Note on Badgerow v. Walters et al. (No.20-1143, March 31,2022)

At her confirmation hearing Justice Kagan noted “So in that sense, we are all originalists.” (U.S. Senate Judiciary Committee Hearing,...

By Terry Moritz
Our Promised Elaboration on the FINRA DRS 1Q Stats author.

Our Promised Elaboration on the FINRA DRS 1Q Stats

This article first appeared on the Securities Arbitration Alert Blog, here. FINRA Dispute Resolution Services (“DRS”) posted case statistics through March, with...

By George Friedman
Arbitration of PAGA Claims & Uncertainty in the Future of US Arbitration author.

Arbitration of PAGA Claims & Uncertainty in the Future of US Arbitration

The United States Supreme Court heard oral arguments in Viking River Cruises, Inc. v. Moriana, No. 20-1573, on March 30,...

By Imre Szalai
Badgerow v. Walters – Answering Vaden’s Questions and Limiting Its Application author.

Badgerow v. Walters – Answering Vaden’s Questions and Limiting Its Application

Introduction             The Supreme Court’s decision in Vaden v. Discover Bank, 556 U.S. 49 (2009), held that district courts can...

By Kristen Blankley
This Just In: SCOTUS Decides Badgerow author.

This Just In: SCOTUS Decides Badgerow

 Just as we went to press came word that, based on statutory construction, the Supreme Court has decided Badgerow v. Walters,...

By George Friedman
SCOTUS Hears Oral Arguments in Morgan and ZF Auto. Two More to Go author.

SCOTUS Hears Oral Arguments in Morgan and ZF Auto. Two More to Go

The Supreme Court heard oral arguments this week in two of four cases involving arbitration it will review within a...

By George Friedman
Practicalities of Privacy and Secrecy in Arbitration author.

Practicalities of Privacy and Secrecy in Arbitration

There has been a great deal of discussion lately about nondisclosure agreements (NDAs) in arbitration. The problem is that the...

By Amy Schmitz
March Madness as SCOTUS Sets “Final Four” Oral Arguments for Last Two Weeks in March author.

March Madness as SCOTUS Sets “Final Four” Oral Arguments for Last Two Weeks in March

This article first appeared in the Securities Arbitration Alert Blog here. We reported in December that the Supreme Court had...

By George Friedman

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