News & Analysis as of

Federal Arbitration Act Waivers Litigation Strategies

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
Marshall Dennehey

Defendants Waived Right to Arbitration by Litigating for 17 Months Before Filing Motion

Marshall Dennehey on

Parkin v. Avis Rent A Car Sys. LLC et al., 22-CV-05481, 2025 WL 484588 (D.N.J. Feb. 13, 2025) - The class action plaintiffs alleged that they purchased Supplemental Liability Insurance, which they claim the defendants...more

Foley & Lardner LLP

Supreme Court Makes It Easier to Establish a Waiver of Arbitration through a Pursuit of Litigation

Foley & Lardner LLP on

On May 23, the Supreme Court resolved a circuit split in holding that the Federal Arbitration Act’s (FAA) “policy favoring arbitration” does not allow federal courts to create arbitration-specific federal procedural rules....more

Robins Kaplan LLP

Arbitration Options Put Global Insurers In The Driver Seat

Robins Kaplan LLP on

Globalization of the insurance market has seen an increase in the use and enforcement of international arbitration agreements in insurance policies. When tragedy strikes or loss occurs, insurers have a variety of options to...more

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