Petitioner James Wicker appealed an order dismissing his application to confirm a $2 million arbitration award issued in his favor against respondents Bayview Loan Services LLC and U.S. Bank, N.A. Wicker obtained the award...more
The petitioner sought confirmation of an international arbitration award issued in its favor by the Society of Maritime Arbitrators. The petitioner and the respondent had entered into an agreement for the petitioner to...more
Audra Patterson filed a putative class action against her former employer, American Income Life Insurance Company (AILIC), for alleged wage violations. AILIC moved to compel arbitration of her individual claims pursuant to an...more
A district court in California granted a motion to compel arbitration pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. A shareholder’s agreement between the parties contained a...more
EB Safe commenced arbitration proceedings against Mark Hurley arising out of a business dispute. The arbitrators ruled in Hurley’s favor and awarded him expenses and attorneys’ fees totaling more than $2 million. A New York...more
Evette Burgess and Lithia Motors were arbitrating an employment dispute when, during the proceedings, Burgess filed a motion with the court seeking to terminate the arbitration and to rescind the arbitration agreement. The...more
The Ninth Circuit denied a petition seeking to vacate an order compelling arbitration of an Uber driver’s putative class action. The district court held that rideshare drivers who pick up and drop off passengers at airports...more
10/15/2020
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Drivers ,
Employment Contract ,
Exemptions ,
Federal Arbitration Act ,
Interstate Commerce ,
Motion to Compel ,
Putative Class Actions ,
Uber
The plaintiff sued its former lawyer and law firm for legal malpractice. The defendants moved to dismiss and compel arbitration based on a mandatory arbitration clause in the parties’ engagement agreement. The trial court...more
The Southern District of New York declared that plaintiff Monjasa A/S was not bound by an arbitration agreement to which neither it nor the defendant was a party. The case stems from a fuel delivery contract between two...more
Plaintiffs filed a putative class action against Norwegian Cruise Lines claiming that Norwegian failed to disclose profits it earned when the plaintiffs elected to purchase travel insurance during the cruise booking process....more
8/31/2020
/ Appeals ,
Arbitration ,
Class Action ,
Consumer Contracts ,
Contract Terms ,
Cruise Ships ,
Kickbacks ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Putative Class Actions ,
Reinsurance ,
Travel Insurance
Standard Security Life Insurance Company of New York and Madison National Life Insurance Co. entered into an administrative services agreement with FCE Benefit Administrators Inc. under which FCE administered insurance...more
The New Jersey Supreme Court issued a combined opinion in two cases arising from arbitration agreements in employment contracts. The plaintiffs in the respective cases claimed they fell within section 1 of the Federal...more
Section 10(a)(2) of the Federal Arbitration Act allows a court to vacate an arbitration award based on “evident partiality” in the arbitrators. Citing section 10(a)(2), the petitioner moved to vacate a JAMS arbitration award...more
The Fourth Circuit confirmed a foreign arbitration award issued in favor of third-party defendant Chongqing Rato Power Co. Ltd., a Chinese equipment manufacturer, against defendant Roger Leon. The parties negotiated and...more
The plaintiff-appellant filed suit in Oklahoma state court seeking to rescind a contract it entered into with the defendants, claiming the contract was procured by fraud. Citing an arbitration clause in the contract, the...more
PB Life and Annuity Co. Ltd. sought a judgment that its dispute with Universal Life Insurance Co. was subject to litigation, not arbitration. In response, Universal Life moved to compel arbitration, and PB Life sought a...more
The Fifth Circuit Court of Appeals affirmed a district court order denying the plaintiff’s motion to compel arbitration against two non-signatories to the relevant contract. The plaintiff was issued a credit card by defendant...more
Middletown Water Joint Venture LLC sought confirmation of an arbitration award finding it had a contractual right to charge the borough of Middletown for certain types of work and enjoining the borough from taking any action...more
The Seventh Circuit affirmed a district court order that the defendant waived its right to arbitrate by withdrawing a venue-based arbitration argument from its motion to dismiss. ...more
Defendants, Certain Underwriters at Lloyd’s and its third-party claims administrator, CJW & Associates, sought to enforce a mandatory arbitration clause in a Lloyd’s policy issued to the plaintiffs. ...more
2/6/2020
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Federal Arbitration Act ,
Foreign Arbitral Awards ,
Insurance Contracts ,
Insurance Litigation ,
Lloyds of London ,
Mandatory Arbitration Clauses ,
McCarran-Ferguson Act ,
Third-Party
The U.S. Court of Appeals for the Ninth Circuit affirmed a California district court order denying the defendant’s motion to compel arbitration, agreeing that the defendant waived its right to arbitrate by actively defending...more
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