This case involved a consumer, Charleene Novic, who obtained a credit card from Credit One. The card holder agreement contained an arbitration clause that stated “[c]laims subject to arbitration include … disputes related to...more
The background of this case in California federal court is that The Hartford (“Hartford”) issued reinsurance billings to Employers Insurance Company of Wausau (“Wausau”) for settlement payments made to one insured under...more
In sum, in 2009, plaintiffs American Brokerage Network and its owner Cung Thai (collectively, “ABN”) and American General Life and Accident Insurance Company (“AGLA”), a subsidiary of American International Group, Inc....more
A California district court recently denied a motion to vacate an arbitration award which had denied a plaintiff’s claims brought before the Financial Industry Regulatory Authority (“FINRA”)....more
12/18/2018
/ Arbitration ,
Arbitration Awards ,
Breach of Contract ,
Breach of Duty ,
Fiduciary Duty ,
Financial Industry Regulatory Authority (FINRA) ,
Investment Management ,
Merrill Lynch ,
Securities Violations ,
Stocks ,
Unclaimed Property ,
Vacated
In sum, this case stems from a 2007 lease agreement between Ross Dress for Less, Inc. (“Ross”) and VIWY, L.P. (“VIWY”) for Ross to be a tenant in VIWY’s shopping center....more
GC Services Limited Partnership (“GC Services”), a debt collector hired by a bank to collect an allegedly unpaid balance on a credit card, advised plaintiff Francina Smith (“Smith”) that it would commence a collection...more
Floridians for Solar Choice, Inc. (“FSC”), is a Florida not-for-profit corporation formed for the purpose of qualifying for a solar energy amendment ballot initiative in Florida’s general election....more
10/18/2018
/ Arbitration ,
Arbitration Awards ,
Ballot Measures ,
Breach of Contract ,
Constitutional Amendment ,
Conversion ,
Energy Sector ,
Florida ,
Fraudulent Inducement ,
Motion to Vacate ,
Solar Energy ,
Unjust Enrichment
This English court case involved arguments by Dreymoor Fertilisers Overseas Pte. Ltd. (“Dreymoor”), a Singapore trading company, to prevent EuroChem Trading GmbH, a Swiss company, and JSC MCC EuroChem, Russia’s largest...more
The background and full procedural history of this case can be found here. In sum, the dispute stems from a 2011 agreement by KT Corporation and KTSAT Corporation (“KT”), a Korean satellite communications provider, to sell...more
8/16/2018
/ Arbitration ,
Arbitration Awards ,
Breach of Contract ,
Contract Termination ,
Cross Motions ,
Foreign Trade Regulations ,
International Chamber of Commerce (ICC) ,
Mandatory Arbitration Clauses ,
Operating Agreements ,
Purchase Agreement ,
Vacated
The First Circuit recently held that an arbitration clause contained in the online contract of the ride sharing app, Uber Technologies, Inc., is unenforceable under Massachusetts law. ...more
7/24/2018
/ Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Consumer Contracts ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Mobile Apps ,
Motion to Compel ,
Online Contracts ,
Sharing Economy ,
Terms of Service ,
Uber ,
Unenforceable Contract Terms
This matter involved a lawsuit brought in Texas federal court by a former employee (Huckaba) against Ref-Chem L.P., alleging sexual harassment, discrimination and retaliation in violation of Title VII. ...more
7/3/2018
/ Arbitration ,
Arbitration Agreements ,
Civil Rights Act ,
Discrimination ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Motion to Compel ,
Remand ,
Retaliation ,
Reversal ,
Sexual Harassment ,
Title VII
In sum, the case involves five consolidated class actions brought in Florida federal court against banks by bank customers in 2008 and 2009 alleging that they were unlawfully charged overdraft fees....more
In this case, Royal Wine Corporation (“Royal”) moved for a preliminary injunction in a New York state court action to enjoin an arbitration filed by Cognac Ferrand SAS (“Cognac”), against Mystique Brands, LLC (“Mystique”)...more
5/3/2018
/ Alter Ego ,
Arbitration ,
Commercial Bankruptcy ,
Declaratory Judgments ,
Imports ,
Motion To Enjoin ,
Motion To Stay ,
Non-Parties ,
Preliminary Injunctions ,
Sales & Distribution Agreements ,
Wine & Alcohol
This case involves an appeal to the Ninth Circuit Court of Appeals by Appellants Schilling Livestock, Inc., Kenneth Schilling and Lesley Schilling (collectively, the “Schillings”), of a Montana federal district court’s order...more
This matter involved appeals by appellant Best Made Floors Inc. (“Best Made”) from a December 22, 2016 corrected judgment of a district court confirming two arbitration awards in favor of appellees, and from the district...more
Alabama Municipal Insurance Corp. (“AMIC”), an Alabama non-profit public insurer, brought suit in Alabama federal court against Munich Reinsurance America Inc. (“Munich Re”), alleging breach of a reinsurance contract for...more
A. Miner Contracting, Inc. (“Miner”) appealed an Arizona federal court’s order denying Miner’s petition to vacate an arbitration award entered against it and in favor of Appellee Dana Kepner Company, Inc.
...more
In this case, the question presented was whether a court or an arbitrator should determine whether an arbitration agreement authorizes class arbitration. The U.S. Supreme Court has not yet resolved this issue. Several circuit...more
In this case, Ritarose Capili, a sales associate, brought an action against her former employer The Finish Line, Inc. (“Finish Line”), an athletic retailer in California federal court. Finish Line made a motion to compel...more
The Sixth Circuit enforced a National Labor Relations Board’s (“NLRB”) order finding that Alternative Entertainment Inc., a Michigan-based satellite television retailer, violated the National Labor Relations Act (“NLRA”) by...more
Recently, the National Labor Relations Board (NLRB) ordered Dish Network, LLC to rescind or revise its arbitration agreement, finding that provisions in the agreement violated the National Labor Relations Act (NLRA)....more
Plaintiff Gaspar Salas, a former employee of defendant GE Oil & Gas, brought suit in 2014 in Texas federal court against GE for discrimination and retaliation. The court granted GE’s motion to compel arbitration, and the case...more
The Third Circuit recently affirmed the decision of a Pennsylvania district court, holding that a class action involving overtime compensation filed against the operating companies of a senior care facility is not subject to...more
In this case, plaintiff Aliments Krispy Kernels, a Canadian “snack purveyor,” brought suit to confirm an arbitration award it received against Nichols Farms, a pistachio grower, in New Jersey federal district court. Nichols...more
In this action, plaintiff Sherri Roberts appealed a Montana federal district court’s order which granted her former employer/defendant Lame Deer Public Schools’ summary judgment motion because plaintiff’s procedural due...more