Valerie Strong Sanders

Valerie Strong Sanders

Eversheds Sutherland (US) LLP

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Sixth Circuit allows discovery in international private arbitration

In an opinion last Thursday, the Sixth Circuit held that a federal district court may order discovery for use in a foreign private arbitration. 28 U.S.C. § 1782(a) authorizes discovery “for use in a proceeding in a foreign or...more

9/26/2019  /  Appeals , Arbitration , DIFC , Discovery , Document Productions , Federal Arbitration Act , Foreign Tribunals , International Arbitration , Split of Authority

One and done? Courts split over whether a single text message is actionable

Does receipt of a single unsolicited text message amount to an “injury in fact” sufficient to establish Article III standing to bring a Telephone Consumer Protection Act (TCPA) lawsuit? The Eleventh Circuit says, “no.”...more

9/10/2019  /  Appeals , Article III , Electronic Communications , Injury-in-Fact , Remand , Reversal , Split of Authority , TCPA , Text Messages

Lights out for class arbitration – Lamps Plus holds that class arbitration cannot be read into ambiguous arbitration clauses

Consistent with prior US Supreme Court opinions, the Supreme Court held on April 24, 2019, that contractual ambiguity regarding class arbitration may not be construed against the drafter because of Federal Arbitration Act...more

5/1/2019  /  Ambiguous , Appeals , Arbitration , Arbitration Agreements , Class Arbitration , Consent , Federal Arbitration Act , Federal v State Law Application , Jurisdiction , Lamps Plus Inc v Varela , Motion to Compel , Preemption , Reversal , SCOTUS , Stolt-Nielsen

Locked-In: TCPA Consent Not Revocable If a Term of Contract

Consent to be contacted under the Telephone Consumer Protection Act (TCPA) is not revocable if included as a term of a written contract, according to a decision by the US Court of Appeals for the Second Circuit in Reyes v....more

6/28/2017  /  Appeals , Consent , Consumer Financial Contracts , Contract Terms , FCC , Opt-Outs , TCPA

Plaintiffs’ Voluntary Dismissal Does Not Transform Denial of Class Certification into an Appealable Final Judgment 

The Supreme Court, in an opinion written by Justice Ginsburg, has held that 28 U.S.C. § 1291 does not confer appellate jurisdiction over an otherwise interlocutory order on class certification following plaintiffs’ voluntary...more

6/16/2017  /  Appeals , Article III , Class Action , Class Certification , Final Judgment , Interlocutory Appeals , Jurisdiction , Microsoft v Baker , Petition for Writ of Certiorari , SCOTUS , Voluntary Dismissals

ICSID Committee Annuls Nearly 90% of Award Against Venezuela

An International Centre for Settlement of Investment Disputes (ICSID) Committee has annulled nearly 90% of the US$1.6 billion Award which had been won by ExxonMobil affiliates in their ICSID arbitration against Venezuela...more

5/5/2017  /  Appeals , Arbitration Awards , Bilateral Investment Treaties , Chamber of Commerce , Energy Projects , Exxon Mobil , ICSID , International Arbitration , Joint Venture , Oil & Gas , Venezuela
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