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Tag Archives: Arbitration

Agreement was insurance contract, arbitration clause void (access required)

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 ...

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Arbitrators exhibited ‘manifest disregard of the law’ (access required)

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. ...

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Issues of arbitrability to be arbitrated (access required)

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 ...

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Arbitrator should decide whether to arbitrate Fair Credit claim (access required)

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 ...

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Wrongful death claim goes to court, not arbitration (access required)

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 ...

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Non-arbitrable claims stayed pending arbitration (access required)

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 ...

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WDVA: Court strikes “faux counterclaims” against non-parties (access required)

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 ...

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WDVA: Ex-employer must arbitrate breach-of-contract claims (access required)

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 ...

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4th Cir.: No appellate jurisdiction after voluntary dismissal (access required)

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 ...

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