Searching Content indexed under Arbitration & Dispute Resolution by Carlton Fields ordered by Published Date Descending.
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Is It Time To Revisit SEC's Ban On "Forced" Arbitration Provisions?
The SEC has long refused to allow companies to go public with bylaws or other governing documents that would require shareholders to arbitrate federal securities law claims against the company.
United States
21 Dec 2018
California District Court Denies Motion To Vacate FINRA Arbitration Award
A California district court recently denied a motion to vacate an arbitration award which had denied a plaintiff's claims brought before the Financial Industry Regulatory Authority ("FINRA").
United States
21 Dec 2018
Fourth Circuit Reverses Dismissal, Finding Federal Question Jurisdiction For Review Of Arbitral Award
The Fourth Circuit Court of Appeals reversed a Virginia federal court's dismissal of a challenge to an arbitration award.
United States
20 Dec 2018
This Week's Florida Appeals: Week Of December 10 - 14, 2018
U.S. Eleventh Circuit Court of Appeals.
United States
20 Dec 2018
D.C. Federal Court Permits Insured To Amend Complaint In Reinsurance Dispute Related To Credit Insurance Policy
A District of Columbia federal court partially granted and partially denied a reinsured's motion to amend its complaint in a dispute over a reinsurance agreement for a credit insurance policy.
United States
14 Dec 2018
This Week's Florida Appeals: Week Of December 3 - 7, 2018
Calixto v. Lesmes - Hague Convention on Child Abduction
United States
13 Dec 2018
Florida Court Finds That Arbitration Agreement Broadening Judicial Review Violates Florida Public Policy
In a lawsuit brought by a contractor against a subcontractor and its insurer, Florida's Fourth District Court of Appeals found a provision in an arbitration agreement allowing for a broad ranging review of any arbitration award to be void as a matter of law and policy.
United States
12 Dec 2018
Shingled Out: Eleventh Circuit Binds Homeowners To Individual Arbitration Provisions Displayed On Roofing Shingle Packaging
This case involved a twist on the classic "shrinkwrap" agreement. Here, plaintiff homeowners brought a putative class action seeking damages and declaratory relief on behalf of a class of building...
United States
11 Dec 2018
Arbitration Award Against HGTV Designer Confirmed Due To Failure To Raise Fairness Objections During Arbitration
The case involved an award in excess of $800,000 against a home designer and some affiliated companies for a renovation project that went bad.
United States
10 Dec 2018
Federal District Court Declines To Rule On Arbitration Award, Finding No Independent Basis For Jurisdiction
Following arbitration, the parties filed cross-motions to confirm and vacate the arbitration award. The District Court for the Southern District of California issued an order to show cause...
United States
7 Dec 2018
$100 Million Arbitration Award Supported By "Even A Barely Colorable Justification" Upheld Under The FAA
A $100 million arbitration award against NutraSweet was reinstated by a New York state appellate court due to the "emphatic federal policy in favor of arbitral dispute resolution embodied in the FAA,
United States
5 Dec 2018
This Week's Florida Appeals: Weeks Of November 19 - 30, 2018
This Week's Florida Appeals: Weeks Of November 19 - 30, 2018
United States
4 Dec 2018
Ninth Circuit Enforces Arbitral Immunity Following FINRA Arbitration
Plaintiff Syed Nazim Ali appealed a Northern District of California judgment dismissing Plaintiffs' diversity action against FINRA alleging state law claims arising from an arbitration proceeding.
United States
3 Dec 2018
South Carolina Federal Court Denies Motion To Stay And Orders Insurer To Produce Documents
The background of this case is as follows. In 2014, ContraVest Inc., ContraVest Construction Co., and Plantation Point Horizontal Property Regime Owners Association Inc.
United States
30 Nov 2018
Tenth Circuit Strikes Offending Arbitration Provision Clause In Au Pair Agreements
Plaintiffs had entered into various au pair agreements which contained arbitration provisions, which defendants sought to enforce when a class action was filed.
United States
29 Nov 2018
The Third Circuit Affirms District Court's Confirmation Of Arbitration Award, Finding That The Panel Did Not Exceed Its Powers Or Manifestly Disregard The Law
The complete procedural background of this "not precedential" case can be found here. In sum, this case stems from a 2007 lease agreement between Ross Dress for Less, Inc. ("Ross") and VIWY, L.P.
United States
28 Nov 2018
Eleventh Circuit Finds That Arbitration Clause In One Agreement Applies To Disputes Regarding A Related Agreement
Does an arbitration clause in a one but not the other of two contracts executed by the same parties at the same time apply to a dispute regarding the contract that does not contain the arbitration clause?
United States
26 Nov 2018
District Court Finds That The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards Is Not Preempted By State Law Prohibiting Arbitration Of Insurance Disputes
A district court judge in the U.S. District Court for the Eastern District of Louisiana has issued an order attempting to resolve the apparent tension ...
United States
23 Nov 2018
Seventh Circuit Joins Five Other Circuits, Holds Availability Of Class Or Collective Arbitration Is A Gateway Issue Of Arbitrability To Be Decided By Courts, Not Arbitrators
A former employee of Waterstone Mortgage Corporation filed a class action against Waterstone in Wisconsin federal court in 2011 alleging wage violations and breach of contract.
United States
22 Nov 2018
Court Upholds Decision Rendering Insurance Arbitration Provision And Delegation Clause Unenforceable For Failure To File Them With The State Insurance Commissioner
In a dispute between Low Desert Empire Pizza (Desert Pizza) and its insurers over alleged mismanagement of claims and unjustifiable cost increases related to a workers' compensation insurance program,
United States
20 Nov 2018
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