The Eighth Circuit Court of Appeals recently affirmed the denial of a motion to compel arbitration filed by the plaintiff in the matter. The court noted that arbitration “can be waived in a variety of circumstances, including...more
11/3/2023
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Complaint Procedures ,
Contract Terms ,
Court-Ordered Mediation ,
Federal Arbitration Act ,
Henry Schein Inc v Archer and White Sales Inc ,
Morgan v Sundance ,
Motion to Compel ,
Permanent Injunctions ,
Preliminary Injunctions ,
SCOTUS
The plaintiff’s original complaint relied on a certain purchase agreement (PA) that included an arbitration clause. While the appeal was pending, the lower court permitted the plaintiff to amend the complaint to no longer...more
The Fifth Circuit affirmed the confirmation of an arbitration ruling in favor of Ameriprise Financial Services Inc. In 2015, Ameriprise sought a temporary restraining order against Jeremy Walker, a former employee of an...more
11/18/2019
/ Abuse of Power ,
Ameriprise Financial ,
Appeals ,
Arbitration ,
Arbitration Awards ,
Attorney's Fees ,
Compensatory Damages ,
Confidential Information ,
Contract Terms ,
Customer Information ,
Customer Privacy ,
Evidence ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Services Industry ,
FINRA Hearing Panel ,
Former Employee ,
Injunctive Relief ,
Motion to Dismiss ,
Motion To Enjoin ,
Restraining Orders ,
Testimony ,
Vacatur
Pro se plaintiffs Henry and Ijeamaka Ekweani characterized a district court’s confirmation of an arbitration award against them and in favor of American Express Travel Related Services as a “rubber stamp” that violated their...more
The First Circuit recently denied an appeal from the District of Puerto Rico’s refusal to vacate an arbitration award. The dispute centered on a management services agreement containing an arbitration agreement that required...more
9/9/2019
/ AHLA ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Binding Arbitration ,
Choice-of-Law ,
Contract Terms ,
Federal Arbitration Act ,
Healthcare ,
Manifest Disregard ,
Professional Misconduct ,
Puerto Rico ,
State Arbitration Acts ,
Vacatur
This week, the Florida First District Court of Appeal held that the vertical integration requirement of Florida’s medical marijuana licensing scheme contravenes the 2016 constitutional amendment passed by Florida voters to...more
7/11/2019
/ Appeals ,
Constitutional Challenges ,
Dispensaries ,
Florida ,
Licensing Rules ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Marijuana ,
State and Local Government ,
State Constitutions ,
Vertical Integration
A $100 million arbitration award against NutraSweet was reinstated by a New York state appellate court due to the “emphatic federal policy in favor of arbitral dispute resolution embodied in the FAA, a policy that applies...more
Citing the recent United States Supreme Court decision in Epic Systems Corp. v. Lewis, a panel of the Ninth Circuit Court of Appeals rejected the argument that an arbitration agreement was invalid because it included a...more
Capitol Life Insurance Co. moved the Court of Appeals for the Fifth District of Texas for rehearing of the court’s prior affirmance of summary judgment against Capitol in favor of MetLife Insurance Company USA, MetLife...more
The Eleventh Circuit reversed a lower court’s entry of a default judgment against Acosta Tractors, Inc., that was based solely on Acosta’s default in the underlying arbitration. ...more
9/10/2018
/ Appeals ,
Arbitration ,
Arbitration Fees ,
Bad Faith ,
Default Judgment ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Reversal ,
Sanctions ,
Third-Party ,
Unpaid Wages ,
Vacated
A Brazilian mining and steelmaking company (Companhia Siderurgica Nacional, S.A. (“CSN”)), a Brazilian insurance company (IRB Brazil Resseguros, S.A. (“IRB”)), and an American insurance company (National Indemnity Company...more