Brendan Gooley on Jurisdiction

Second Circuit Affirms Dismissal of Challenge to FINRA Award

The Second Circuit Court of Appeals has affirmed the dismissal of a challenge to a FINRA arbitration award after concluding that federal courts lacked jurisdiction over the matter....more

6/10/2025 / Appeals , Arbitration , Arbitration Awards , Bank of America , Federal Arbitration Act , Financial Industry Regulatory Authority (FINRA) , Jurisdiction , Lack of Jurisdiction , Merrill Lynch , Motion to Dismiss

Fifth Circuit Reverses Decision Denying Motion to Compel International Arbitration

The Fifth Circuit Court of Appeals recently reversed a district court’s denial of a motion to compel arbitration, concluding that the contract between the parties evinced an intent to arbitrate even if the purported arbitral...more

5/20/2025 / Appeals , Arbitration Agreements , Breach of Contract , Business Disputes , Business Litigation , Commercial Litigation , Contract Disputes , Contract Terms , Dispute Resolution , International Arbitration , Jurisdiction , Motion to Compel

Fourth Circuit Applies Supreme Court’s Coinbase Decision Outside Context of Arbitration

The Fourth Circuit Court of Appeals recently concluded that the U.S. Supreme Court’s decision in Coinbase Inc. v. Bielski is not limited to interlocutory appeals involving arbitration....more

5/2/2025 / Appellate Courts , Automatic Stay , Coinbase Inc v Bielski , Drug & Alcohol Abuse , Drug Distribution , Interlocutory Appeals , Jurisdiction , Opioid , Pharmaceutical Industry , Prescription Drugs , Remand , SCOTUS , Stays

Fourth Circuit Upholds Confirmation of Hong Kong Arbitration Award

The Fourth Circuit Court of Appeals recently rejected challenges to a district court’s decision to confirm a Hong Kong arbitration award, including arguments that confirming the award violated public policy and international...more

2/25/2025 / Appeals , Arbitration , Arbitration Awards , China , Comity , Dispute Resolution , Enforcement Actions , Foreign Judgments , Hong Kong , International Arbitration , Jurisdiction , New York Convention , Public Policy

Fourth Circuit Holds It Lacks Jurisdiction to Consider Petition to Vacate

The Fourth Circuit Court of Appeals recently held that it lacked jurisdiction over a petition to vacate an arbitration award....more

2/4/2025 / Appeals , Arbitration , Arbitration Awards , Broker-Dealer , Dispute Resolution , Federal Arbitration Act , Financial Industry Regulatory Authority (FINRA) , Financial Services Industry , Jurisdiction , Lack of Jurisdiction , Motion to Vacate , Securities Litigation , Securities Regulation

Fourth Circuit Holds That District Court Lacks Jurisdiction to Confirm Arbitration Award

The Fourth Circuit Court of Appeals recently held that a district court lacked jurisdiction to confirm an arbitration award because the court did not have an independent basis for jurisdiction on the face of the application...more

4/8/2024 / Arbitration , Arbitration Agreements , Arbitration Awards , Federal Arbitration Act , Jurisdiction

Second Circuit Holds That Refusal to Enjoin Arbitration Is Immediately Appealable, Clarifies Standard for Obtaining Preliminary...

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

2/20/2024 / Appeals , Arbitration , Arbitration Agreements , Breach of Contract , Federal Arbitration Act , Federal v State Law Application , Jurisdiction , Motion To Enjoin , Preliminary Injunctions

First Circuit Holds That New York Convention Preempts Puerto Rican Law

The First Circuit Court of Appeals has held that the New York Convention applies to an insurance arbitration dispute between a Puerto Rican company and Lloyd’s of London and that the convention preempts a Puerto Rican law...more

6/21/2023 / Arbitration , Arbitration Agreements , Insurance Claims , Insurance Litigation , Insurance Regulations , International Arbitration , Jurisdiction , Lloyds of London , McCarran-Ferguson Act , Motion to Compel , New York Convention , Preemption , Puerto Rico

Eleventh Circuit Affirms Denial of Motion to Arbitrate Where Appellant Was Not a Party to Arbitration Agreement

The Eleventh Circuit Court of Appeals recently affirmed the denial of a motion to arbitrate where the appellants were not parties to the agreements containing arbitration clauses. The court also concluded that equitable...more

8/31/2020 / Arbitration , Arbitration Agreements , Distributors , Equitable Estoppel , Herbalife , Jurisdiction , Motion to Compel , Putative Class Actions , Question of Arbitrability , Venue

Southern District Concludes That Invocation of AAA’s Rules Subjects Arbitrability Questions to Arbitrator, Rejects Waiver Claim

The Southern District of New York declined to decide arbitrability questions after the arbitration agreement at issue incorporated the rules of the American Arbitration Association, which include a rule that arbitrators...more

9/19/2019 / American Arbitration Association , Arbitration , Arbitration Agreements , Arbitration Awards , Confidential Information , Confidentiality Agreements , Copyright , Jurisdiction , License Agreements , Motion to Compel , Motion to Dismiss , Preliminary Injunctions , Restraining Orders , Software Developers , Stays , The Copyright Act , Waivers

Ninth Circuit Finds No Foreign Arbitration Award to Uphold

Foreign arbitration awards must generally be upheld in the United States under treaty obligations. Upholding a foreign award requires that there actually be an arbitration award, however. For that matter, it requires an...more

4/25/2019 / Arbitration , Arbitration Awards , Choice-of-Venue , Employment Litigation , Fishing Industry , Hiring & Firing , International Litigation , Jurisdiction , Mandatory Arbitration Clauses , Motion to Dismiss , Pre-Employment Agreements , Workplace Injury

Brendan Gooley

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