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Statutory Interpretation Fee Disputes

Skadden, Arps, Slate, Meagher & Flom LLP

Second Circuit Holds That the Federal Arbitration Act Does Not Authorize a Court To Compel a Party To Pay Arbitration Fees in an...

On September 2, 2025, the U.S. Court of Appeals for the Second Circuit held in Frazier v. X Corp., No. 24-1948, --- F.4th ----, 2025 WL 2502133 (2d Cir. Sept. 2, 2025), that a district court cannot intervene in an ongoing...more

Jackson Lewis P.C.

California Supreme Court Allows More Flexibility on Arbitration Fee Payment Rules

Jackson Lewis P.C. on

The California Supreme Court’s recent decision in Hohenshelt v. Superior Court addressed whether California’s Code of Civil Procedure section 1281.98, which requires the party that drafted the arbitration agreement to pay...more

Jackson Lewis P.C.

Court Rules Pension Fund’s Position Was Not ‘So Baseless’ as to Mandate an Award of Attorneys’ Fees

Jackson Lewis P.C. on

ERISA is widely regarded as a remedial statute. As a result, employers who are pursued by multiemployer pension plans for withdrawal liability face an uphill battle when trying to recoup attorneys’ fees (often substantial)...more

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