In this case, a Louisiana federal court denied a motion for remand of a former machinist’s asbestos-related claim, finding that an English insurer’s removal from state court was appropriate and that the dispute could relate...more
This action involved a class action suit brought in New Jersey federal court. The complaint alleged that plaintiff David Noble saw Samsung advertisements stating that the Samsung smartwatch’s battery lasted 24 to 48 hours...more
3/30/2017
/ Arbitration ,
Arbitration Agreements ,
Breach of Warranty ,
Class Action ,
Common Law Claims ,
Contract Terms ,
Negligent Misrepresentation ,
Samsung ,
Smart Devices ,
Technology Sector ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
The factual and procedural background of this case can be found here. In sum, beginning in the 1990s, the appellants, a group of Brazilian companies (collectively, “CBF”) entered into a series of contracts with Primetrade AG,...more
The background of this case is as follows. State Insurance Commissioner Brian Maynard, acting as liquidator of the failed Kentucky Health Cooperative (“KYHC”), filed suit in Kentucky state court against CGI Technologies and...more
3/8/2017
/ Arbitration ,
Arbitration Agreements ,
Breach of Contract ,
Federal Arbitration Act ,
Gross Negligence ,
Insurance Industry ,
Jurisdiction ,
McCarran-Ferguson Act ,
Motion to Compel ,
Preemption ,
Subject Matter Jurisdiction
In this matter, a California district court confirmed an arbitration award in favor of D.A.R.E. America, and denied a motion to vacate the arbitration award by D.A.R.E. New Jersey, Inc. D.A.R.E. New Jersey, Inc. appealed to...more
The background of this matter could be found here. In sum, Plaintiffs Dr. Luis Ortiz-Espinosa and his wife Maritza Soto-Garcia, the conjugal partnership they formed, Espinosa-Soto, and Luis Ortiz-Espinosa, as trustee of...more
2/14/2017
/ Arbitration ,
Arbitration Awards ,
Brokerage Accounts ,
Federal Arbitration Act ,
Federal Question Jurisdiction ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Jurisdiction ,
Motion to Compel ,
Motion to Vacate ,
Puerto Rico ,
Retirement Plan ,
Securities ,
Supplemental Jurisdiction
The underlying arbitration involved a dispute between Petitioner Global Liquidity Partners, LLC (“Global”), a “securities execution services firm that . . . us[es] confidential and proprietary technology, software, programs...more
This case involves a dispute between Shandong Linglong Tire Co. Ltd., a Chinese tire manufacturer, its Thai and U.S. subsidiaries (collectively, “Linglong”) and Horizon Tire, Inc., Linglong’s U.S. distributor.
A brief...more
The background of this case is as follows. CM South East Texas Houston LLC and South East Texas KCH Co. LLC (collectively, “CM South”) asserted breach of contract claims against CareMinders Home Care Inc. (“CareMinders”) and...more
The background of this case is as follows. Lift Equipment Certification Co., a heavy equipment manufacturer, was contracted by Lawrence Leasing Corp., a shipping company to redesign one of Lawrence’s cranes. The deal fell...more
This dispute involves two cable subscribers (Andrew Alwert and Stanley Freedman) who filed putative class actions against Cox Communications Inc. for allegedly tying monthly set-top box payments to its premium cable services....more
We previously reported on this case in our blog dated December 21, 2015. The background of the dispute is as follows. A dispute arose between an insurer and its insured under four written program agreements, each containing...more
This case involved an underlying arbitration before an arbitration panel operating under the Financial Industry Regulatory Authority (“FINRA”) rules, which was brought by Judith and Kenneth Goldman against their financial...more
9/21/2016
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Citigroup ,
Federal Arbitration Act ,
Federal Question Jurisdiction ,
Financial Adviser ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Markets ,
Investment Management ,
Margin Calls ,
Merrill Lynch ,
Motion to Dismiss ,
Motion to Vacate ,
Retirement ,
Securities ,
Subject Matter Jurisdiction
A Texas appeals court denied a petition for a writ of mandamus filed by Irving Drobny, on behalf of National Accident Insurance Group (“NAIG”) and National Accident Insurance Underwriters (“NAIU”) (collectively, “NAIU”),...more
In an unpublished decision, the Ninth Circuit recently affirmed a California district court’s denial of a motion to compel arbitration.
The case involves claims brought by a putative class action of exotic dancers under...more
The California Supreme Court has held that an arbitrator, rather than a court, has the power to decide whether class claims can proceed in arbitration, where the parties’ arbitration agreement is ambiguous on the question....more
8/8/2016
/ Arbitration ,
Arbitration Agreements ,
CA Supreme Court ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Contract ,
Federal Arbitration Act ,
Harassment ,
Mandatory Arbitration Clauses ,
Race Discrimination ,
Retaliation
In a recent reinsurance case, a Massachusetts federal court denied a pre-award petition of a cedent to remove the reinsurer’s party-appointed arbitrator, finding that the Federal Arbitration Act (the “FAA”) did not authorize...more
In this case, Jeffrey Hedrick brought an action in Kansas federal court on behalf of himself and others similarly situated under the Fair Labor Standards Act (“FLSA”) against BNC National Bank, Hedrick’s employer. The bank...more
On May 23, 2016, the Fifth Circuit upheld an arbitrator’s approximate $1.45 million award in favor of McKool Smith P.C., a law firm who represented Curtis International Ltd., a Canadian electronics wholesaler, in patent...more
6/28/2016
/ Arbitration ,
Arbitration Awards ,
Canada ,
Electronics ,
Federal Arbitration Act ,
Invoices ,
Manifest Disregard ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Unpaid Accounts
This appeal is from an order by a district court in California, affirming a bankruptcy court’s denial of a motion to compel arbitration in a Chapter 7 bankruptcy trustee’s adversary proceeding, in which the trustee sought...more
This case arises from an appeal from an Illinois federal district court, which ruled that TransUnion, a credit reporting agency, did not give a putative class of its website users proper notice of an arbitration agreement,...more
In this case, a former employee of a retail store appealed to the California Supreme Court seeking reversal of an appellate court decision which found that an arbitration agreement in her employment application was not...more
4/26/2016
/ Appeals ,
Arbitration ,
CA Supreme Court ,
Employment Contract ,
Harassment ,
Motion to Compel ,
Race Discrimination ,
Retaliation ,
Reversal ,
Sex Discrimination ,
Unconscionable Contracts
This case involves a class action filed in a Virginia district court against Delbert Services Corporation, the servicing agent of certain loans, for which the plaintiffs claimed that Delbert’s unfair debt collection practices...more
A Pennsylvania federal court recently confirmed an arbitrator’s decision in a wrongful termination suit which held in favor of the Philadelphia Union soccer team, finding it did not violate former head coach Piotr Nowak’s...more
Whether a particular jurisdiction’s statute of limitations provides a reinsurer with a valid basis to deny payment of a cedent’s claim is sometimes a hotly-contested issue. Where a dispute is litigated in state or federal...more