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Motion to Compel Appellate Courts Contract Disputes

McGlinchey Stafford

Fifth Circuit Clarifies Arbitration Waiver Requires Same Claim

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In Barnett v. American Express National Bank, 24-CA-60391 (5th Cir. 7/29/2025), the U.S. Fifth Circuit reaffirmed that a waiver of the right to arbitrate by “substantially invoking the judicial process” requires a showing...more

McGlinchey Stafford

5th Circuit Reminder: Forum Selection Clause Cannot Strip a Federal Court of Jurisdiction

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The 5th Circuit recently reversed a district court’s decision to remand a case before ruling on a pending motion to compel arbitration. This is because the remand motion did not challenge the district court’s jurisdiction;...more

Saiber LLC

The Saiber Construction Law Column: April 2025

Saiber LLC on

New Jersey law recognizes that the voluntary arbitration of civil disputes is generally favored, subject to certain exceptions. One exception occurs when a party to a contract containing an arbitration waives its right to...more

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