Having determined that the policies at issue constituted an insurance contract under Virginia law, the court said a private day school was not required to submit its dispute to arbitration because the agreement containing the arbitration clause is part of ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge Roger L. Gregory

A panel of arbitrators, ignoring previous guidance from the court, disregarded the law that FINRA rules provide no private right of action. The court remanded with specific instructions that a broker’s counterclaims be considered by a different FINRA arbitration panel. ...

Tagged with: Arbitration Judge Robert E. Payne U.S. District Court - Eastern District

Incorporating the Rules of the International Chamber of Commerce into the Aircraft Management arbitration agreement constituted “clear and unmistakable evidence” of the parties’ intent to arbitrate issues of arbitrability. Background On May 23, 2018, GlobalOne Management Group Limited filed a ...

Tagged with: Arbitration Judge Robert G. Doumar U.S. District Court - Eastern District

The delegation clause in the credit card agreement “clearly and unmistakably” places questions of arbitrability within the province of the arbitrator, and the district court erred in denying a motion to compel arbitration of a claim that the credit company ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge Barbara Milano Keenan

In denying defendants’ motion to compel arbitration of a wrongful death claim relating to a nursing home patient, the court said it was not clear whether the deceased’s son signed the agreement as power-of-attorney and, in any event, the arbitration ...

Tagged with: Arbitration Judge Michael T. Garrett Nelson County Circuit Court Virginia Circuit Courts

The court rejected a challenge to an arbitration panel’s ruling that found in favor of defendants, removed the plaintiff from the company and held her liable for attorney’s fees. Background In June 2015, Jacqueline Meuse, individually and derivatively, filed a ...

Tagged with: Arbitration Judge Nolan B. Dawkins Supreme Court of Virginia

The parties’ dispute involves alleged unpaid invoices. The court previously granted defendants’ motion to compel arbitration on one count of a multi-count complaint. The defendant then moved to refer the case to arbitration or to stay the remaining claims. The ...

Tagged with: Arbitration Judge Glen E. Conrad U.S. District Court - Western District

In trade-secret litigation concerning a disputed international patent for a sugar substitute, a defendant’s attempt to “join” related counter-defendants was procedurally improper under Federal Rule of Civil Procedure 13(h). Background Sugar tastes good. But it’s unhealthy. So companies and scientists ...

Tagged with: Arbitration Business Law Civil Procedure Contract Judge Norman K. Moon Tort U.S. District Court - Western District

In bringing breach-of-contract and -fiduciary-duty claims against a former employee who took a job with a competitor, an insurance company will be held to the arbitration clause contained in its agent agreement. Background In 2009, Defendant Ryan Gillenwater became an ...

Tagged with: Arbitration Business Law Contract Employment Employment Law Judge Michael F. Urbanski U.S. District Court - Western District

The court lacked authority to review, on the plaintiff’s appeal, a dismissal order that simply granted a putative class-action plaintiff’s request for voluntary dismissal. Background Appellant Erin Keena purchased a voucher from Appellee Groupon Inc. In the course of the ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Business Law Civil Procedure Class Action Contract Judge Robert B. King