“NJ Supreme Court Enforces Arbitration Agreement Despite Failure to Specify Forum, Arbitrator, & Governing Law”

Those interested in an analysis of the New Jersey Supreme Court’s decision in Flanzman v. Jenny Craig, Inc. may enjoy this article, authored by Mohamed Barry and Patrick McGovern of Genova Burns LLC, and published in JD Supra.

“Nixon Peabody Says Ex-Partners Must Arbitrate Clawback Accusations Against Firm”

This article, by Dan Packel at The American Lawyer, discusses a dispute between Nixon Peabody and five former partners who left the firm and joined DLA Piper. The current issue, arising in the context of a disagreement regarding Nixon Peabody’s efforts to recoup bonuses paid to the departing partners, centers on whether a contractual requirementContinue reading ““Nixon Peabody Says Ex-Partners Must Arbitrate Clawback Accusations Against Firm””

Seventh Circuit Holds That Court Not Authorized To Compel Discovery In Foreign Arbitration

The Seventh Circuit, in Servotronics, Inc. v. Rolls-Royce PLC is the most recent appellate court to weigh in on the question of whether 28 U.S.C. 1782(a) authorizes a judge to compel discovery in a foreign arbitration. As the court noted, the statute “authorizes the district court to order a person within the district to giveContinue reading “Seventh Circuit Holds That Court Not Authorized To Compel Discovery In Foreign Arbitration”

“Mass. Superior Court Affirms Mutual Request for Attorneys’ Fees in Arbitration Can Provide Requisite Legal Basis for Award of Fees”

Lexology has published this article by Brady Hermann of Maurice Wutscher LLP, discussing the court’s decision in Credit Suisse Securities (USA) LLC v. Galli et al.

“Recent Decisions Spotlight Arbitration Agreements in Online Delivery Service Terms and Conditions”

This article by Stacey Eilbaum of Proskauer, found in JDSupra, begins as follows: “The global pandemic has brought about countless changes, including, for many households, increased reliance on online retail and delivery services, such as Amazon. “When consumers sign up for these services or place their orders, they are likely to see a notice regarding termsContinue reading ““Recent Decisions Spotlight Arbitration Agreements in Online Delivery Service Terms and Conditions””

“Court Affirmed Arbitration Decision Because Multiple Documents Regarding The Resignation And Appointment Of A Trustee Constituted One Large Transaction”

David Fowler Johnson of Winstead has authored this article in The National Law Review, discussing the Texas appellate decision in Ruff v. Ruff, No. 05-18-00326-CV

“Hollywood Docket: Judge Sends Baseball Fans’ Suit Against Ticketmaster, StubHub to Arbitration”

Ashley Cullins authored this article in The Hollywood Reporter, discussing the U.S. District Court decision in Ajzenman v. Office of the Commissioner of Baseball d/b/a Major League Baseball, granting a motion to compel arbitration.

“Affirmed: ‘Cluttered’ Website Means No Agreement To Arbitrate”

The National Law Review has this article by Paul Besozzi of Squire Patton Boggs, discussing the Second Circuit’s recent decision in Luis Arnaud v. Doctors Associates, Inc. d/b/a Subway, Case No. 19-3057-cv. Positively Neutral’s discussion of the decision can be found here.

Second Circuit Holds Class Action Claims For Violation Of TCPA Not Arbitrable

In Arnaud v. Doctor’s Associates Inc., d/b/a Subway, the Second Circuit affirmed a lower court’s denial of a motion to compel arbitration of claims of violation of the Telephone Consumer Protection Act. Plaintiff filed a putative class action predicated upon alleged unsolicited text messages he received from the Subway franchise following his attempt to pursueContinue reading “Second Circuit Holds Class Action Claims For Violation Of TCPA Not Arbitrable”