Contract Terms, Preemption, Appeals

Second Circuit Holds New York Convention is Self-Executing and Not Preempted by McCarran Ferguson Act

Foley & Lardner LLP on 5/22/2025

On May 8, 2025, United States Court of Appeals for the Second Circuit held, in Certain Underwriters at Lloyd’s, London v. 3131 Veterans Blvd LLC, and Certain Underwriters at Lloyd’s, London v. Mpire Properties LLC, Docket...more

New York Appellate Court: Rental Companies Not Statutorily Required to Provide Primary Coverage to Customers

Goldberg Segalla on 4/8/2025

New York’s state appellate court recently declared rental car companies are not required to provide primary insurance coverage to their rental customers. Instead, the court concluded that New York law requiring the companies...more

Timing is Everything: NJ Appellate Division Compels Arbitration of Employee’s Sex Harassment Claims

Genova Burns LLC on 11/4/2022

On October 26, 2022, the New Jersey Appellate Division in Rourke v. Herr Foods, Inc. once again confirmed that the Federal Arbitration Act (FAA) preempts the 2019 amendment to the New Jersey Law Against Discrimination (NJLAD)...more

Keep the Light On: U.S. Supreme Court Holds that Clear Consent is Required for Classwide Arbitration in Lamps Plus, Inc. v. Varela

Hudson Cook, LLP on 5/21/2019

We have good news from the U.S. Supreme Court for creditors who use arbitration agreements. On April 24, 2019, in Lamps Plus v. Varela, the Supreme Court held in a 5-4 decision that courts may no longer infer from an...more

Contract Terms › Preemption › Appeals

Second Circuit Holds New York Convention is Self-Executing and Not Preempted by McCarran Ferguson Act

New York Appellate Court: Rental Companies Not Statutorily Required to Provide Primary Coverage to Customers

Timing is Everything: NJ Appellate Division Compels Arbitration of Employee’s Sex Harassment Claims

Keep the Light On: U.S. Supreme Court Holds that Clear Consent is Required for Classwide Arbitration in Lamps Plus, Inc. v. Varela

Kentucky Supreme Court Rejects Conditioning Employment on Agreement to Arbitrate

Tenth Circuit Affirms Airline's Enforcement of Terms Regarding Nonrefundable Tickets

First Circuit Enforces Arbitration of ERISA Dispute

Contract Terms › Preemption › Appeals

Second Circuit Holds New York Convention is Self-Executing and Not Preempted by McCarran Ferguson Act

New York Appellate Court: Rental Companies Not Statutorily Required to Provide Primary Coverage to Customers

Timing is Everything: NJ Appellate Division Compels Arbitration of Employee’s Sex Harassment Claims

Keep the Light On: U.S. Supreme Court Holds that Clear Consent is Required for Classwide Arbitration in Lamps Plus, Inc. v. Varela

Kentucky Supreme Court Rejects Conditioning Employment on Agreement to Arbitrate

Tenth Circuit Affirms Airline's Enforcement of Terms Regarding Nonrefundable Tickets

First Circuit Enforces Arbitration of ERISA Dispute

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