The U.S. District Court for the Southern District of Texas recently compelled arbitration against insurers but not brokers related to a commercial insurance dispute....more
6/19/2020
/ Arbitration ,
Arbitration Agreements ,
Commercial Insurance Policies ,
Convention on the Recognition and Enforcement of Foreign Arbitral Awards ,
Denial of Insurance Coverage ,
Hurricane Harvey ,
Insurance Brokers ,
Insurance Litigation ,
Lloyds of London ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Non-Signatories ,
Policy Terms ,
Property Damage ,
Unconscionable Contracts
The U.S. Supreme Court has held that equitable estoppel doctrines can be invoked by non-signatories seeking to compel arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards....more
6/17/2020
/ Arbitration Agreements ,
Contract Terms ,
Convention on the Recognition and Enforcement of Foreign Arbitral Awards ,
Enforcement of Foreign Judgments ,
Equitable Estoppel ,
Federal Arbitration Act ,
Foreign Arbitral Awards ,
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC ,
Motion to Compel ,
New York Convention ,
Non-Signatories ,
SCOTUS ,
State Law Claims ,
Subcontractors
The U.S. District Court for the District of Nebraska recently granted a defendant’s motion to compel arbitration despite a plaintiff’s claims that she had never seen or signed the employment agreement containing the...more
The U.S. District Court for the Southern District of Texas recently compelled arbitration despite an insured’s claim that the operative arbitration clause was unconscionable because it required the arbitration panel to...more
The U.S. District Court for the Southern District of Florida recently refused to compel arbitration in a putative class action based on an arbitration clause a plaintiff agreed to on a third party’s website he used to book a...more
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 Eight Circuit has rejected a plaintiff’s claim that an arbitration clause in a retainer agreement she signed with a law firm after receiving a call from a purported agent of the firm informing her of a purported...more
12/11/2019
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Ethics Breach ,
Jury Trial ,
Legal Ethics ,
Legal Representatives ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Negligent Misrepresentation ,
Professional Liability ,
Retainer Fees ,
Transvaginal Mesh ,
Unconscionable Contracts ,
Unenforceable Contract Terms ,
Waiver of Rights
The U.S. District Court for the Northern District of Texas compelled arbitration in a putative Fair Labor Standards Act class action based on language in a “notice to employees” that put the plaintiffs on notice that they...more
11/19/2019
/ Arbitration ,
Arbitration Agreements ,
Binding Arbitration ,
Contract Terms ,
Electronic Agreements ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Illusory Contracts ,
Labor Law Violations ,
Labor Regulations ,
Motion to Compel ,
Putative Class Actions ,
Unconscionable Contracts
The U.S. District Court for the District of the Virgin Islands recently compelled arbitration after concluding that a personal guaranty incorporated an arbitration agreement from an underlying contract and rejecting various...more
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
The Eastern District of Pennsylvania recently granted a creditor’s request to compel arbitration over a plaintiff’s argument that the arbitration agreement he had signed was void as a result of a bankruptcy court discharging...more
9/18/2019
/ Arbitration ,
Arbitration Agreements ,
Bankruptcy Court ,
Consumer Bankruptcy ,
Consumer Financial Products ,
Credit Reports ,
Creditors ,
Dischargeable Debts ,
Fair Credit Reporting Act (FCRA) ,
Loan Agreements ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Regulatory Violations
A district court has granted a motion to compel arbitration based on an arbitration clause in an agreement sent via text message and agreed to via a reply text. ...more
7/18/2019
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Debt Collection ,
Debt Collectors ,
EFTA ,
Financial Services Industry ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Notice Requirements ,
Putative Class Actions ,
Text Messages ,
Third-Party Service Provider ,
Unconscionable Contracts
The U.S. District Court for the Northern District of Alabama has compelled arbitration despite a former employee’s claim that the arbitration clause in the policy at issue was unconscionable under the circumstances related to...more
The Ninth Circuit recently denied a petition for a writ of mandamus seeking to overturn a district court’s decision compelling arbitration. The petition principally argued the arbitration clause was inconspicuous because it...more
The U.S. District Court for the District of Columbia recently denied attempts by reinsurers to avoid a suit by moving to have the claims against them dismissed or, in the alternative, seeking to compel arbitration or stay the...more
The Tenth Circuit recently affirmed a district court’s decision partially compelling arbitration. Jesse Romero took out three title loans with TitleMax of New Mexico, Inc. Romero used his third loan to pay off his second loan...more