News & Analysis as of

Contract Terms Motion to Compel Arbitration Procedural Rules

Jackson Lewis P.C.

Second Circuit Rules Courts Cannot Compel Employers to Pay Arbitration Fees Under the FAA

Jackson Lewis P.C. on

An employer that withholds disputed arbitration fees in a pending arbitration has not “refused” to arbitrate within the meaning of the Federal Arbitration Act (FAA); therefore, a court has no authority to compel the employer...more

Carlton Fields

Oregon District Court Denies Motion to Compel Arbitration, Finds It Involves Procedural Questions Best Left to Arbitrators

Carlton Fields on

In Sacramento Drilling Inc. v National Casualty Co., the U.S. District Court for the District of Oregon addressed an amended motion to compel arbitration brought by defendant National Casualty Co. seeking to limit arbitration...more

Shumaker, Loop & Kendrick, LLP

"Arbitration Agreements in Residential Construction Contracts," ActionLine Spring 2023

Since July 2019, Florida has seen an influx of over 550,000 new residents, driven in large part by economic migration from other states. This population growth has been accompanied, at least until the third quarter of 2022,...more

Carlton Fields

Ninth Circuit Steps In-Line on Arbitrability of ERISA Claims

Carlton Fields on

The Ninth Circuit, in back-to-back opinion and memorandum decisions in Dorman v. Charles Schwab Corp., overruled long-standing precedent that ERISA claims are not arbitrable. The plaintiff, a former Schwab employee, filed a...more

Payne & Fears

Nonparty Discovery in California Arbitration: How to Get What You Want

Payne & Fears on

Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more

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