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
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
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
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
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
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
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
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 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