News & Analysis as of

Waiver of Rights Arbitration Arbitration Agreements

Kilpatrick

Fourth Circuit rules law firm and debt collector waived arbitration rights by filing collection actions in state court

Kilpatrick on

A Fourth Circuit panel affirmed the denial of a motion to compel arbitration, finding that the law firm and debt collector who sought to compel arbitration of a class action had waived the right to arbitrate by previously...more

DarrowEverett LLP

Morgan v. Sundance, Inc., and its Implications Pertaining to Litigants and the Right to Arbitrate

DarrowEverett LLP on

The use of arbitration clauses and agreements is not infrequent, forcing federal and state courts to address the enforceability of such agreements on numerous grounds. Courts have created variants of federal procedural rules,...more

Lowenstein Sandler LLP

New Jersey Supreme Court Clarifies Procedures For Implementing Employee Arbitration Agreements

Lowenstein Sandler LLP on

This week, the New Jersey Supreme Court issued a decision clarifying the steps that employers must take to implement arbitration agreements with current employees, even absent affirmative employee consent. Our firm appeared...more

Carlton Fields

Washington Supreme Court Finds Hospital Waived Its Right to Arbitration When It Chose to Litigate for Nine Months

Carlton Fields on

The Supreme Court of Washington recently affirmed the denial of Evergreen Hospital Medical Center’s motion to compel arbitration on the grounds that Evergreen waived its right to compel arbitration of claims arising under a...more

Flaster Greenberg PC

Trends in Arbitration Agreements

Flaster Greenberg PC on

The New Jersey Supreme Court in late November 2019 heard oral argument in Flanzman v. Jenny Craig, Inc., 456 N.J. Super. 613 (App. Div. 2018), cert. granted, 237 N.J. 310 (2019), in which the Appellate Division boldly refused...more

Carlton Fields

Eighth Circuit Rejects Claim That Arbitration Clause in Retainer Was Unconscionable

Carlton Fields on

The Eight Circuit has rejected a plaintiff’s claim that an arbitration clause in a retainer agreement she signed with a law firm after receiving a call from a purported agent of the firm informing her of a purported...more

Carlton Fields

Intervenor-Defendant Obtains Stay of SDNY Action in Favor of Arbitration 14 Months After Complaint Filed

Carlton Fields on

The plaintiff and intervenor-defendant entered into a contract wherein they agreed to arbitrate claims arising out of the contract. Following a dispute, the plaintiff asserted that the intervenor-defendant had waived its...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 19, 2019

Carlton Fields on

Real Property Update - • Special Tax District Bond Validation: hospital center special tax district could not validate bonds intended to finance the construction of a hospital outside the geographic boundaries established...more

Sheppard Mullin Richter & Hampton LLP

Did New Jersey Just Try to Ban Employment Arbitration Agreements?

On March 18, 2018, the New Jersey Law Against Discrimination (NJLAD) was amended to prohibit prospective waivers of substantive and procedural rights or remedies relating to a claim of discrimination, retaliation, or...more

Carlton Fields

California Federal Court Finds Defendant Did Not Wave Right to Arbitrate Despite Delay in Initiating Arbitration

Carlton Fields on

Plaintiff argued that Defendant’s basis for removal was not applicable because Defendants waived their right to arbitration or because the case is not related to the agreement containing an arbitration provision. ...more

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