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Forum Selection Arbitration Appeals

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Appeals Court Finds Employer’s Arbitration Agreement With Cost-Sharing and Out-of-State Law Provisions Unconscionable

In a recent ruling, a California appeals court found an arbitration agreement with an eyewear store employee that was presented on a take-it-or-leave-it basis required an arbitrator to apply the laws of another state,...more

Lathrop GPM

The Franchise Memorandum - Issue #271

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Ninth Circuit Reverses Class Action Settlement Approval and Fee Award - The Ninth Circuit Court of Appeals has reversed the approval of a $10 million voucher settlement and a $2.6 million attorneys’ fee award in a class...more

Carlton Fields

Fourth Circuit Finds Arbitration Clauses Are Valid and Enforceable, Confirms Chinese Arbitral Award

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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

Carlton Fields

Eleventh Circuit Clarifies Standard for New York Convention’s Public Policy Defense to Foreign Arbitration Awards

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The dispute involved an arbitration related to alleged medical malpractice by doctors selected by Carnival Cruise Lines to treat a wrist injury of a Serbian employee of Carnival. The employee’s employment agreement with...more

A&O Shearman

Third Circuit Upholds Customer's Right To FINRA Arbitration Despite Brokerage Agreements' Forum-Selection Clause Providing Right...

A&O Shearman on

On August 7, 2018, the U.S. Court of Appeals for the Third Circuit affirmed a district court order compelling defendant, a broker-dealer and member of the Financial Industry Regulatory Authority (FINRA), to submit to FINRA...more

Carlton Fields

Ninth Circuit Finds Arbitration Clause Showed Clear And Unmistakable Intent To Resolve Arbitrability Questions By Arbitration

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Finding Montana law was inapplicable to the subject insurance policy under both federal maritime choice-of-law principles and the policy language, the Ninth Circuit Court of Appeals determined that an arbitration clause was...more

Carlton Fields

Ninth Circuit Affirms Order Compelling Arbitration Of Putative Class Action, Despite Litigation Forum Selection Clause In Related...

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Two purported class representatives appealed an order compelling arbitration in their putative class action lawsuit against Amazon Services, LLC. The court affirmed, holding that the named plaintiffs agreed to Amazon’s...more

Carlton Fields

Seventh Circuit Affirms Service Of Suit Clause In Reinsurance Treaties And Grants Cedent Absolute Right To Select Forum

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Based on the plain and ordinary meaning of the service of suit clause, the Seventh Circuit Court of Appeals found a reinsurer waived its right of removal. The service of suit clause provided...more

Katten Muchin Rosenman LLP

Second Circuit Holds Contractual Forum Selection Clause Supersedes FINRA Mandatory Arbitration Rule

On August 21, the US Court of Appeals for the Second Circuit decided two closely watched appeals regarding the intersection of Financial Industry Regulatory Authority, Inc. rules regarding mandatory arbitration of disputes...more

Bracewell LLP

Second Circuit Rules Broad Forum Selection Clause Trumps FINRA Rule Requiring Arbitration

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On August 21, 2014, the United States Court of Appeals for the Second Circuit joined the Ninth Circuit in holding that FINRA rules requiring arbitration of customer disputes may be superseded by an agreement between a member...more

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