News & Analysis as of

Remand Business Litigation

McGlinchey Stafford

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

McGlinchey Stafford on

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

Jackson Walker

The Business Court of Texas Issues Key Opinions on Jurisdiction

Jackson Walker on

The Business Court of Texas, established on September 1, 2024, has issued its first round of major opinions. These rulings, authored by judges across its divisions, largely address jurisdictional questions stemming from the...more

Jones Day

Cases Pending Before September 1, 2024, Cannot Be Removed to Texas Business Court, Dallas Court Holds

Jones Day on

In the first opinion to address the issue, the Texas Business Court determined that it lacks jurisdiction over cases pending before September 1, 2024, even if the cases otherwise meet the jurisdictional requirements of the...more

Perkins Coie

Supreme Court Holds That Prejudice Is Not Part of an Arbitration Waiver Analysis Under the FAA

Perkins Coie on

The U.S. Supreme Court, in a May 23 decision, ruled that the federal policy favoring arbitration does not authorize federal courts to impose a prejudice requirement when evaluating whether a party has waived its right to...more

Carlton Fields

Arbitrator Found Not to Have Issued a Reasoned Award, SDNY Remands to Arbitrator for Clarification

Carlton Fields on

The Southern District of New York remanded an arbitration award back to the arbitrator for clarification, as the parties had agreed to a “reasoned” award, and the arbitrator exceeded his authority in issuing an award that did...more

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