The Ninth Circuit Court of Appeals recently reversed the denial of a motion to compel arbitration after concluding, contrary to the district court’s decision, that a “sign-in wrap agreement” provided conspicuous notice of...more
The Second Circuit Court of Appeals recently held that a district court’s refusal to enjoin arbitration was immediately appealable because the arbitration agreement was governed by state law rather than the Federal...more
The Supreme Court of Arkansas recently refused to consider the portion of an appeal involving a motion to compel arbitration because the lower court had not ruled on the motion and the court therefore concluded it did not...more
The Second Circuit Court of Appeals recently concluded that a claim to recover on defaulted bonds issued by a foreign sovereign was untimely under New York’s six-year statute of limitation....more
A London Court of Appeal recently vacated and remanded a High Court’s decision precluding the approval of a deal to transfer approximately 370,000 annuities after concluding that the High Court made several errors in its...more
The Tenth Circuit Court of Appeals recently rejected a claimant’s effort to vacate the dismissal of his FINRA claim following his repeated failure to comply with various deadlines. ...more
8/31/2020
/ Appeals ,
Arbitration ,
Dismissal With Prejudice ,
Dismissals ,
Failure to Comply ,
Financial Industry Regulatory Authority (FINRA) ,
Former Employee ,
Good Cause ,
Motion to Vacate ,
Sanctions ,
Scheduling Orders ,
Vacated
The First Circuit Court of Appeals recently rejected a party’s argument that an arbitration agreement was unenforceable because the contract containing the arbitration clause had been allegedly terminated and superseded. The...more
The Court of Appeals of Nebraska has affirmed the dismissal of a claim under a reinsurance participation agreement based on lack of personal jurisdiction....more
2/24/2020
/ Appeals ,
Breach of Contract ,
Choice-of-Law ,
Forum Selection ,
Insurance Litigation ,
Motion to Dismiss ,
Participation Agreements ,
Personal Jurisdiction ,
Policy Terms ,
Reinsurance ,
Reinsurance Agreements
The Ninth Circuit recently denied a motion to compel arbitration after concluding that an arbitration agreement “buried” in difficult to access terms for a smartphone app did not put users on constructive notice that they...more
1/28/2020
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Browsewrap Agreement ,
Class Action ,
Class Action Arbitration Waivers ,
Constructive Notice ,
Contract Terms ,
Gambling ,
Mobile Apps ,
Motion to Compel ,
Putative Class Actions ,
Smartphones ,
Statutory Violations ,
Terms of Use
The Connecticut Supreme Court will consider whether the parties to an arbitration agreement can circumvent Connecticut’s 30-day statutory deadline for filing an application to vacate an arbitration award by including in the...more
12/12/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Choice-of-Law ,
Contract Disputes ,
Contract Terms ,
CT Supreme Court ,
Federal Arbitration Act ,
Motion to Dismiss ,
Motion to Vacate ,
Statute of Limitations