Monthly Archives: July 2020

The Connecticut Appellate Court has affirmed an arbitration award in favor of a physician against his former practice. In The Norwalk Medical Group, P.C. v. Yee, the court affirmed an award granting the physician the benefits of a buyout against the practice, but denied recovery against the individual physicians of the group. The court rejectedContinue reading “Physician’s Award In Arbitration Against Medical Practice Affirmed By Connecticut Appellate Court”

The Fourth Circuit in this decision has affirmed a lower court’s denial of a motion to compel arbitration of a dispute arising under payday loan agreements, holding that the arbitration agreements “operated as prospective waivers” a party’s right to pursue statutory remedies.

JDSupra has published this article, by Alex Silverman of Carlton Fields, discussing the decision in Martin v. NTT Data, Inc., No. 2:20-cv-00686 (E.D. Pa. June 23, 2020).

In this article authored by Sonia Russo in JD Supra, she discusses a New York Supreme Court decision in 2004 Parker Family LP v. BDO USA LLP, in which she describes the issue thusly: “In bringing their motion to compel arbitration, defendants also relied on the Agreements, which contained an arbitration provision requiring any disputeContinue reading ““Commercial Division Holds Nonsignatories Are Bound By Agreement’s Arbitration Clause””

Jeff Kichaven has authored this article in Law 360, which begins: “The purpose of this article is to explain some reasons why mediators might decide not to promise people that their mediations are confidential. Someday, that promise will result in a mediator being on the wrong end of a serious malpractice case.”

In Stifel, Nicolaus & Co. v. Stern, a federal district court has been requested to vacate a FINRA arbitration award on the ground that an arbitration panel manifestly disregarded the law. The court, confronted with an award that did not state the panel’s reasons, has recognized that “because the panel did not provide an “explainedContinue reading “Federal Court Questions Appropriateness Of Having Arbitrator Articulate Reasons For Award”

The California Court of Appeal has issued a detail opinion in Aixtron, Inc. v. Veeco Instruments Inc., holding that neither the Federal Arbitration Act nor its California counterpart permitted an arbitrator to authorize a former employer arbitrating against a former employee to obtain third party discovery of the new employer’s computers in a search forContinue reading “California Appeals Court Precludes Third Party Discovery In Arbitration Matter”

John Lewis of BakerHostetler authored this article published by JD Supra, discussing the New Jersey Supreme Court’s opinions in Arafa v. Health Express Corp. and Colon v. Strategic Delivery Solutions, LLC, Nos. 083174 and 083154 (July 14, 2020).

JD Supra has published this article by Frederick A. Acomb at Miller Canfield.

The United States District Court (D. Nevada) has determined that claims brought by Tesla employee-whistleblower Karl Hansen are subject to arbitration. The court’s opinion in Hanson v. Musk can be found here.