News & Analysis as of

Motion for Reconsideration Arbitration

Constangy, Brooks, Smith & Prophete, LLP

Two years into his bias suit against NFL, Brian Flores has little to show for it.

Arbitration evaders, take note. In February 2022, coach Brian Flores filed a press-grabbing lawsuit accusing the National Football League and its clubs of racially discriminatory hiring practices, the Miami Dolphins of...more

Polsinelli

‘Alkutkar v. Bumble’: Securing Active Consent for Updated Terms of Service

Polsinelli on

Overview - The District Court for the Northern District of California recently provided guidance in Alkutkar v. Bumble Inc., No. 22-CV-00422- PJH (N.D. Cal. Sept. 8, 2022), reconsideration denied, No. 22-CV-00422-PJH,...more

Carlton Fields

Third Circuit Affirms Dismissal of Complaint With Prejudice After Plaintiff Failed to Initiate Arbitration Proceedings

Carlton Fields on

Plaintiff R&C Oilfield Services appealed from an order of the U.S. District Court for the Western District of Pennsylvania. The district court granted defendant American Wind Transport Group’s motion to compel R&C to...more

Carlton Fields

Tenth Circuit Affirms Arbitration Award in Soaring Victory for Jet Engine Manufacturer

Carlton Fields on

Williams International designs, manufactures, and services small jet engines. In May 2013, Dodson International Parts Inc., a company that sells new and used aircraft parts, purchased a damaged aircraft fitted with two...more

Lathrop GPM

The Franchise Memorandum - Issue #269

Lathrop GPM on

Two Illinois Federal Courts Deny Class Certification in Anti-Poaching Class Actions Against Franchisors - Two federal courts in Illinois have rejected motions to certify classes of employees who worked in franchised...more

Fox Rothschild LLP

No “Do-Overs” When You Agree To Arbitrate Your Divorce

Fox Rothschild LLP on

As we have written before, alternate dispute resolution is a favored way to resolve divorce matters, whether it be mediation or binding arbitration. One reason that people choose the arbitration route is that they are...more

Carlton Fields

First Circuit Vacates Order Compelling Arbitration Over Arbitrator Selection Clause

Carlton Fields on

The First Circuit vacated an order compelling arbitration after finding that the arbitrator selection clause was unconscionable. The court nevertheless remanded the case to the district court to determine if the selection...more

Carlton Fields

11th Circuit Compels Arbitration Despite Allegation That Arbitration Agreement Was Procedurally And Substantively Unconscionable

Carlton Fields on

This case involves a dispute between American Family Life Assurance Company of Columbus (“Aflac”) and a group of independent contractors (“associates”), arising out of alleged misrepresentations by Aflac. Pursuant to their...more

Carlton Fields

Louisiana Loses Bid To Vacate Denial Of Reconsideration Of Arbitral Decision In FEMA Assistance Dispute

Carlton Fields on

FEMA denied a request by the Louisiana Department of Natural Resources (“LDNR”) for assistance restoring barrier islands following Hurricanes Rita and Katrina....more

Carlton Fields

Eleventh Circuit Determines Party’s Counterclaim To Petition For Confirmation Could Not Be Construed As Motion To Vacate The...

Carlton Fields on

When the appellant failed to file a motion to vacate or modify an arbitration award, it waived its right to raise Section 10 or 11 of the Federal Arbitration Action (“FAA”) as a defense to a motion to confirm the award....more

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