Michael Wolgin

Michael Wolgin

Carlton Fields

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Ninth Circuit Finds That Party Was A Third-Party Beneficiary Of Arbitration Agreement, And Affirms Order Compelling Arbitration Of...

Three delivery drivers sued a transportation broker for failure to pay overtime and minimum wages, failure to provide rest and meal breaks, failure to timely pay wages upon termination, and willful refusal to pay wages on...more

12/27/2018  /  Arbitration , Arbitration Agreements , Contract Terms , Employer Liability Issues , Employment Litigation , Failure To Pay , Motion to Compel , Putative Class Actions , Third-Party Beneficiaries , Wage and Hour

Eighth Circuit Affirms Order Compelling Arbitration, Rejecting Contract Defenses Of Unconscionability And Lack Of Consideration

The Eighth Circuit affirmed an order compelling arbitration in a case filed by a volunteer concession worker against an operator of concessions at a sports stadium in St. Louis. The concession worker had volunteered to work...more

7/20/2017  /  Arbitration , Arbitration Agreements , Fraud , Labor Law Violations , Minimum Wage , Motion to Compel , Unconscionable Contracts , Volunteers , Wage and Hour

Arbitrator’s Pre-Iskanian Decision That Paga Claim Must Proceed On An Individual Basis Was Not A “Manifest Disregard Of The Law”

A refinery operator (“Wulfe”), sued his former employer alleging several employment related claims, including a claim under the California Private Attorneys General Act (PAGA). The court compelled arbitration, and the...more

5/18/2017  /  Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Employment Litigation , Iskanian , Manifest Disregard , Private Attorneys General Act (PAGA)

Fifth Circuit Remands To Determine Whether Jurisdiction Existed For Appeal Of Denial Of Motion To Compel Arbitration

The underlying dispute involved allegations of breach of warranty and deceptive trade practices based on a sale of an allegedly defective car. The Fifth Circuit explained that the FAA, which governed the alleged arbitration...more

11/8/2016  /  Arbitration , Arbitration Agreements , Breach of Warranty , Contract Terms , Federal Jurisdiction , Motion to Compel , Motor Vehicles , Purchase Agreement , Unfair or Deceptive Trade Practices

Court Compels Arbitration To Determine The Arbitrability Of Reinsurance Dispute With Captive Insurance Company

In a suit by an auto body company against a captive insurance company for rescission of certain workers compensation reinsurance participation agreements, for disgorgement of $70,000 paid thereunder, and for fraud, breach of...more

10/18/2016  /  American Arbitration Association , Arbitration , Arbitration Agreements , Auto Body Shop , Breach of Contract , Captive Insurance Company , Disgorgement , Fraud , Insurance Industry , Mandatory Arbitration Clauses , Motion to Compel , Participation Agreements , Reinsurance , Rescission , Unfair or Deceptive Trade Practices , Workers' Compensation Claim

Order Compelling Arbitration Reversed Due To Failure To Determine The Existence And Scope Of Arbitration Agreement

The Ninth Circuit recently reversed a trial court for compelling arbitration without issuing an order that (1) made “the necessary factual findings as to the parties’ communications,” (2) determined “the law applicable to...more

9/27/2016  /  Arbitration , Arbitration Agreements , Contract Terms , Motion to Compel

Party Waived Untimely Defense To Arbitration, Notwithstanding Party’s Claim That Counsel Committed Malpractice

The court confirmed an arbitration decision awarding damages in favor of workers compensation insurers against various insured employee-staffing companies. One of the defendant companies contended that it never executed the...more

8/27/2015  /  Arbitration , Arbitration Agreements , Arbitration Awards , Insurance Industry , Non-Signatories , Workers' Compensation Claim

Incorporation Of AAA Rules “Clearly And Unmistakably” Delegates Questions Of Arbitrability To Arbitrator

In a putative class action for denial of employment benefits brought by security contractors against their hiring firm, Blackwater Security Consulting, the court found that the governing agreements delegated the issue of...more

5/13/2015  /  American Arbitration Association , Arbitration Agreements , AT&T Mobility v Concepcion , Blackwater , Contract Terms , Employee Benefits , Federal Arbitration Act , Federal Contractors , Putative Class Actions

Fourth Circuit Affirms Order Dismissing Case To Permit Arbitration Against Non-Signatory To Arbitration Agreement

An arbitration agreement was contained in a retail installment contract. The Fourth Circuit affirmed the lower court’s dismissal of the case pending arbitration against a non-signatory to the arbitration agreement on two...more

1/2/2015  /  Arbitration , Arbitration Agreements , Contract Disputes , Internet Retailers , Non-Signatories , Retail Installment Sales Contracts , Retailers

Under FAA, Chicago Court Refuses To Determine Whether Claims Should Be Part Of Pending New York Arbitration

A dispute involving competing actions between two competing aeroponic farming companies, FarmedHere, LLC and Just Greens, LLC (doing business as Aero Farm Systems), was simultaneously at issue in a New York arbitration, a New...more

10/15/2014  /  Arbitration , Arbitration Agreements , Federal Arbitration Act , Mandatory Arbitration Clauses

Arbitration Denied In Class Action Where Plaintiff’s Trust Was A Party To Arbitration Agreement, But Plaintiff Was Not

In a life settlement transaction, in which a life insurance policy is sold by its owner to another for more than its cash-surrender value but less than the net death benefit, the seller contended that the broker and purchaser...more

9/23/2014  /  Arbitration , Arbitration Agreements , Class Action , Class Action Arbitration Waivers , Death Benefits , Federal Arbitration Act , Life Insurance

Court Denies Petition To Appoint Arbitration Umpire In Retrocession Dispute

Odyssey Reinsurance Co. petitioned the court to appoint an umpire to serve in arbitration with its retrocessionaries, certain Lloyd’s underwriters and Reliastar Reinsurance Group, over a disputed reinsurance claim. Odyssey...more

8/21/2014  /  Arbitration , Arbitration Agreements , Lloyds of London , Retrocessional Claims , Underwriting

Court Refuses To Compel Nonsignatory To Join Reinsurance Arbitration

On April 8, 2014, we reported on National Indemnity Company’s (“NICO”) attempt in a Nebraska federal district court to enjoin Transatlantic Reinsurance Company from commencing arbitration against NICO in Chicago and New York...more

7/22/2014  /  Arbitration , Arbitration Agreements , Asbestos Litigation , Reinsurance

Arbitration Procedure Unconscionability Roundup

Basulto v. Hialeah Automotive, Case No. SC09-2358 (Fla. March 20, 2014) (reversing intermediate appellate court’s ruling compelling arbitration on monetary relief claims; intermediate court failed to limit its review to...more

6/30/2014  /  Arbitration , Arbitration Agreements

Court Construes Ambiguous Arbitration Clause Broadly And Compels Arbitration

The dispute involved a claim for benefits under a policy insuring a marine construction site damaged in 2008 by Hurricane Ike. The insured contended that the policy did not provide for arbitration, but instead provided only...more

5/2/2014  /  Arbitration , Arbitration Agreements , Mandatory Arbitration Clauses , Natural Disasters , Property Damage , Severe Weather
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