Barry Leigh Weissman

Carlton Fields

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Latest Posts › Arbitration Agreements

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Arbitration Clause Contained Only In “Side” Agreements To Insurance Policies, Enforced In Dispute Over “Retrospective Premiums”

A U.S. District Court for the Southern District of New York recently enjoined Advanced Micro Devices (AMD), from proceeding with litigation in California against National Union Fire Insurance Company (NUFIC), related to a...more

9/8/2016 / Arbitration , Arbitration Agreements , Indemnity Agreements , Insurance Industry , Insurance Litigation , National Union , Preliminary Injunctions

Fifth Circuit Follows D.R. Horton And Murphy Oil Precedent, Ruling That An Arbitration Agreement Prohibiting Employee Class Or...

The Fifth Circuit refused to enforce an order of the NLRB that found an arbitration agreement was invalid because it waived an employee’s right to maintain employment related class or collective actions....more

9/6/2016 / Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Collective Actions , D.R. Horton v NLRB , Mandatory Arbitration Clauses , Murphy Oil USA , NLRA , NLRB

Eighth Circuit: Delay In Asserting Right To Arbitrate And Using Litigation Machinery Results In Waiver

The plaintiff, a terminated employee, had signed a two year employment agreement and a separate arbitration agreement with a home décor company. The plaintiff was terminated after six months and sued the defendant in...more

5/23/2016 / Arbitration , Arbitration Agreements , Corporate Counsel , FRCP 26 , Hiring & Firing , Motion to Compel , Pre-Employment Agreements , Wrongful Termination

Court Approves Replacement Arbitrator In Reinsurance Dispute Despite Technical Violation Of Arbitration Agreement

In a short handwritten ruling, a court recently denied Odyssey Reinsurance Company’s challenge to a replacement arbitrator appointed by its opponents, Certain Underwriters at Lloyds London Syndicate 53 and Reliastar...more

12/8/2015 / Arbitration Agreements , Arbitrator Selection Disputes , Insurance Industry , Lloyds of London , Reinsurance

Fifth Circuit Weighs In On Arbitrability Of Issues That Could Have Been Decided By The Court

In the recent unpublished opinion, the United States Court of Appeals for the Fifth Circuit confirmed that if an issue is voluntarily submitted to an arbitrator, then the arbitrator can decide the issue, even if it is one...more

7/2/2015 / Arbitration , Arbitration Agreements , Arbitration Awards , Dispute Resolution , Mediation

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