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June 2025 saw opinions from the Fifth Circuit Court of Appeals addressing issues including the authority of a court to dismiss a case that had been stayed pending an arbitration and the sequence of decision-making when a...more
In opposing a motion to compel arbitration, Nueces County made two procedural arguments: first, that the carrier waived its right to arbitrate by virtue of the policy’s service-of-suit clause....more
Bass, Berry & Sims Chris Lazarini analyzed a case outlining when a party is entitled to have a jury decide issues related to the making or enforceability of an arbitration agreement. ...more
Could a failure to participate in a court-ordered arbitration be enough to waive a party’s right to arbitration? A recent decision of the Alabama Supreme Court suggests it is not. In 2010, Yan Chen entered into a lease...more