A Puerto Rico district court dismissed a third-party action by defendant-policyholder Puma Energy Caribe LLC against the reinsurers of an insurance policy issued by plaintiff Integrand Assurance Co. Puma claimed that the...more
1/20/2020
/ Arbitration ,
Arbitration Agreements ,
Attorney's Fees ,
Commercial Insurance Policies ,
Insurance Claims ,
Insurance Litigation ,
Motion to Dismiss ,
Negligence ,
Privity of Contract ,
Puerto Rico ,
Reinsurance ,
Reinsurance Agreements ,
Standing ,
Third-Party ,
Third-Party Beneficiaries
Everest Reinsurance Co. appealed from two district court orders. It claimed that this dispute with Pennsylvania National Mutual Casualty Insurance Co. was the same as a prior dispute that Penn National had arbitrated with two...more
1/20/2020
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Contract Disputes ,
Contract Terms ,
Insurance Litigation ,
Litigation Strategies ,
Reinsurance ,
Reinsurance Agreements ,
Sealed Records ,
Vacated
The Seneca Nation of Indians moved under Section 10 of the Federal Arbitration Act (FAA) to vacate certain arbitration awards issued in favor of the state of New York, finding that Seneca must pay the state millions in...more
12/5/2019
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Contract Terms ,
Federal Arbitration Act ,
Indian Gaming ,
Indian Gaming Regulation Act ,
Internal Revenue Code (IRC) ,
Manifest Disregard ,
Motion to Vacate ,
Native American Issues ,
Revenue Sharing ,
Tribal Governments ,
Tribal-State Gaming Compacts
Two professional baseball teams — the Washington Nationals and the Baltimore Orioles — were parties to a partnership agreement granting exclusive broadcast rights to their baseball games to a third entity. The agreement had a...more
12/2/2019
/ American Arbitration Association ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Baseball ,
Broadcasting ,
Contract Terms ,
MLB ,
Motion To Enjoin ,
Partnership Agreements ,
Question of Arbitrability ,
Third-Party ,
Threshold Requirements
The Southern District of New York granted a motion to compel arbitration of an employment dispute between the petitioners and the respondent. The petitioners also filed a motion to dismiss or stay a concurrent proceeding that...more
11/18/2019
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Fee-Shifting ,
Lack of Jurisdiction ,
Limitation of Liability Clause ,
Motion to Compel ,
Motion to Dismiss ,
Motion To Stay ,
Severability Doctrine ,
Unconscionable Contracts
A Mississippi federal court granted a motion to compel arbitration of a claim for reimbursement of medical expenses from the defendant, a company that provides health care sharing plan alternatives to those of Christian...more
The defendants moved to compel arbitration of a complex dispute concerning the parties’ investment in medical marijuana companies. The plaintiff claimed that the defendants breached a non-compete agreement and fiduciary...more
10/22/2019
/ Affirmative Defenses ,
American Arbitration Association ,
Arbitration ,
Arbitration Agreements ,
Breach of Contract ,
Breach of Duty ,
Contract Disputes ,
Contract Terms ,
Federal Arbitration Act ,
Fiduciary Duty ,
Investment ,
Laches ,
Marijuana Related Businesses ,
Motion to Compel ,
Non-Compete Agreements ,
Operating Agreements ,
Statute of Limitations
The plaintiff commenced an arbitration proceeding with the Financial Industry Regulatory Authority (FINRA) against two of his former investment brokers and their former employers — Concorde and Westminster. The plaintiff...more
The Ninth Circuit affirmed an order granting a motion to compel arbitration and to dismiss, finding that a purchase order issued by the plaintiff to purchase goods from the defendant incorporated a binding arbitration clause...more
The plaintiff sued his former employer for discrimination, retaliation, hostile work environment, and violations of the Missouri Human Rights Act. The defendant moved to compel arbitration based on the parties’ Mutual...more
7/10/2019
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Delegation Clauses ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Hostile Environment ,
Motion to Compel ,
Retaliation
Archer & White Sales, Inc. (“Archer”) sued Henry Schein, Inc. (“Schein”) in federal court seeking both monetary and injunctive relief....more
1/29/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Contract Terms ,
Exceptions ,
Federal Arbitration Act ,
Henry Schein Inc v Archer and White Sales Inc ,
Judicial Review ,
Motion to Compel ,
Question of Arbitrability ,
Remand ,
SCOTUS ,
Vacated ,
Wholly Groundless Doctrine
Sears Roebuck and Co. (Sears) entered a 40-year lease with Century III Mall, PA., LLC (“Century III Mall”), whereby Sears agreed to maintain an anchor store at the Century III Mall. ...more
1/10/2019
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Business Litigation ,
Commercial Leases ,
Commercial Tenants ,
Contract Disputes ,
Dismissals ,
Motion to Vacate ,
Property Valuation ,
Sears ,
Shopping Centers
Plaintiffs, current and former employees of the University of Southern California (“USC”), were participants in two USC-sponsored ERISA contribution plans. In order to participate in the plans, individual employees were...more
The U.S. Court of Appeals for the Fourth Circuit recently ruled that two employment-related arbitration clauses did not “clearly and unmistakably” govern a former employee’s discrimination claims, and that the arbitrability...more
The U.K. Court of Appeal has held that an arbitration clause commonly found in London market excess of loss reinsurance treaties does not prohibit the appointment of insurance or reinsurance lawyers to an arbitration panel....more
The U.S. Court of Appeals for the Seventh Circuit recently held that state law governs whether a contract’s arbitration clause is binding on non-signatories. The dispute arises from a consumer protection action filed by the...more
3/21/2018
/ Arbitration ,
Arbitration Agreements ,
Consumer Contracts ,
Estoppel ,
Franchises ,
Marketing ,
Motion to Compel ,
Non-Signatories ,
Reversal ,
Subway ,
T-Mobile ,
Telecommunications ,
Text Messages
The Queen’s Bench Division of the U.K.’s High Court of Justice has reversed a partial award by a tribunal of the London Court of International Arbitration (“LCIA”), which held that an arbitration respondent lost its right to...more
The Eleventh Circuit has determined that a confidentiality provision in an arbitration clause was substantively unconscionable. The case involved a putative class action by David Johnson alleging that KeyBank National...more
12/4/2017
/ Arbitration ,
Arbitration Agreements ,
Banking Sector ,
Banks ,
Citibank ,
Confidentiality Agreements ,
Contract Terms ,
Debit and Credit Card Transactions ,
Motion to Compel ,
Overdraft Fees ,
Putative Class Actions ,
Unconscionable Contracts
The Sixth Circuit has affirmed an order vacating an arbitration award, agreeing with the district court that the mandatory arbitration clause at issue was unenforceable upon termination of the agreement in which it was...more