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Arbitration Fee Disputes

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Jackson Lewis P.C.

California Supreme Court Allows More Flexibility on Arbitration Fee Payment Rules

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The California Supreme Court’s recent decision in Hohenshelt v. Superior Court addressed whether California’s Code of Civil Procedure section 1281.98, which requires the party that drafted the arbitration agreement to pay...more

Jackson Lewis P.C.

Court Rules Pension Fund’s Position Was Not ‘So Baseless’ as to Mandate an Award of Attorneys’ Fees

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ERISA is widely regarded as a remedial statute. As a result, employers who are pursued by multiemployer pension plans for withdrawal liability face an uphill battle when trying to recoup attorneys’ fees (often substantial)...more

Hinshaw & Culbertson - Lawyers for the...

Florida Appellate Court Invalidates Arbitration Provision in Fee Agreement for Violating Florida Bar Rules

Labelle v. Berenson LLP, 2023 Fla. App. LEXIS 8693 - Brief Summary - In a legal malpractice action arising out of an underlying commercial dispute, Florida's Third District Court of Appeal reversed and remanded a trial...more

Hinshaw & Culbertson - Lawyers for the...

Florida Court Rules That Retainer Agreement Arbitration Provision is Enforceable and Severable From Agreement's Unenforceable Fee...

Lemos v. Sessa, No. 3D20-1362, 2021 Fla. App. LEXIS 4527 (Dist. Ct. App. Mar. 31, 2021) - Brief Summary A Florida appellate court held that plaintiff was required to arbitrate her claims against the attorney and her law...more

Rumberger | Kirk

Failure To Warn: Fourth DCA Invalidates Entire Arbitration Provision For Failure To Satisfy Fee Dispute Rule

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In Owens v. Corrigan, the Fourth District Court of Appeal held that an arbitration provision in the parties’ retainer agreement was unenforceable under the Fee Arbitration Rule of the Rules Regulating the Florida Bar. ...more

Proskauer Rose LLP

Three Point Shot - September 2017

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On August 25th, 2017, in a convincing knockout, a federal judge in Los Angeles dismissed dozens of lawsuits against Manny Pacquiao and Floyd Mayweather alleging Pacquiao's concealed shoulder injury impacted the quality of...more

Carlton Fields

Court Vacates Arbitration Award Due To Evident Partiality Of Panel, But Parties Must Re-Arbitrate Matter Before Same Arbitral...

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In a dispute between the Washington Nationals, the Baltimore Orioles, and affiliated parties regarding the value of broadcasting rights for Nationals games, an appellate court has affirmed a trial court order vacating an...more

Carlton Fields

Second Circuit Summarily Affirms Denial Of Petition To Vacate Arbitration Award Based On Partiality Claim

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Late last month, the Second Circuit Court of Appeals summarily affirmed denial of a petition to vacate an arbitration award where a party was arguing that the arbitrator was biased. The case involved a dispute between an...more

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