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Motion to Dismiss › Arbitration Agreements › Appeals

CDF Labor Law LLP

PAGA Update: Key Lessons for Defending and Settling PAGA Cases

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Two recent Private Attorney General Act (PAGA) cases underscore the importance of effectively using procedural motions in defending such cases. 1.  Rodriguez v. Packers Sanitation Services LTD., LLC...more

Payne & Fears

July 2024 Case Summaries

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Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet...more

Snell & Wilmer

From the U.S. Supreme Court: The New York Convention Does Not Bar Non-Signatories to an Arbitration Agreement From Compelling...

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The U.S. Supreme Court recently addressed whether a non-signatory’s attempt to compel arbitration under an international arbitration agreement using domestic doctrines of equitable estoppel is barred by the Convention on the...more

Carlton Fields

Connecticut Supreme Court to Consider Whether Parties Can Use FAA to Extend Time to Vacate Arbitration Award

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The Connecticut Supreme Court will consider whether the parties to an arbitration agreement can circumvent Connecticut’s 30-day statutory deadline for filing an application to vacate an arbitration award by including in the...more

Troutman Pepper Locke

UPDATE: GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC: U.S. Supreme Court Grants Writ of Certiorari to...

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As discussed in our post from last year, on August 30, 2018, the Eleventh Circuit Court of Appeals reversed a lower court decision to compel arbitration between an Alabama steel plant owner, Outokumpu Stainless USA, LLC...more

Seyfarth Shaw LLP

Court Of Appeals Says Blind Plaintiff is Not Bound By a Written Agreement to Arbitrate That He Could Not Read

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Seyfarth Synopsis: The Court of Appeals for the First Circuit says that an agreement to arbitrate presented visually to blind plaintiffs on a POS device and never read to thempo is not binding....more

Carlton Fields

Court Finds That Apparently Inconsistent Forum Selection Provisions Do Not Render Arbitration Agreement Unenforceable

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Plaintiff Fintech Fund, FLP filed an action in federal court in the Southern District of Texas asserting claims under the federal Defend Trade Secrets Act and the Computer Fraud and Abuse Act against Ralph Horne, a citizen of...more

Carlton Fields

Second Circuit Rebuffs Attempt To Address In Federal Court Action Relief Previously Denied In State Court Suit

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The Second Circuit has held that a federal district court reached the correct result but for the wrong reason when it dismissed a complaint seeking a declaratory judgment that the plaintiff was not subject to a contract...more

Troutman Pepper Locke

Texas Court of Appeals Holds That the Effect of a Failure to Meet a Specific Contractual Deadline for Arbitration is a Procedural...

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Tilson Home Corp. v. Zepeda, No. 14-16-00075-CV, 2016 Tex. App. LEXIS 12022 (Tex. App. Nov. 8, 2016) - The Court of Appeals of Texas has held that an arbitrator—not a trial court—must determine whether a prerequisite to...more

Hinshaw & Culbertson LLP

Plaintiff Who Could Not Afford to Pay for Arbitration Was Allowed to Pursue Her Malpractice Action in Court

Hinshaw & Culbertson LLP on

Tillman adv. Rheingold Firm, No. 13-56624, 2016 BL 190432 (9th Cir. June 15, 2016) - Brief Summary - A former client who had agreed to arbitrate disputes with her lawyers, but ultimately could not afford to pay the...more

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