Negligence Claims Against Funeral Home By Decedent’s Children Were Arbitrable, As They Were Third Party Beneficiaries Of The Arbitration Agreement

In SCI Texas Funeral Services, L.L.C. v. Montoya, a Texas court of appeals addressed a funeral home’s motion to compel arbitration of claims brought against it arising out of the following alleged facts: “Orlando [Odell Montoya] passed away and his remains were taken to Garcia & Trevino Funeral Home of Mercedes, Texas. After visitation andContinue reading “Negligence Claims Against Funeral Home By Decedent’s Children Were Arbitrable, As They Were Third Party Beneficiaries Of The Arbitration Agreement”

“10th Circuit pulls UnitedHealthcare workers’ wage claims out of arbitration”

This article by Daniel Wiessner, published by Reuters Legal, discusses the Tenth Circuit’s decision in Fedor v. United Healthcare Inc, No. 19-2066, in which the court “said the judge was wrong to leave it to an arbitrator to decide whether a 2016 agreement properly superseded older pacts that had been signed by the workers involvedContinue reading ““10th Circuit pulls UnitedHealthcare workers’ wage claims out of arbitration””

“Troubling Trend, Another Court Declines to Enforce Arbitration Clause”

“[C]ourts sometimes decline to enforce arbitration clauses despite federal public policy favoring arbitration. The United States District Court for the Middle District of Florida recently continued this trend in a consumer dispute over the repossession of a Jeep Wrangler.” So begins this article in Lexology by Brent Owen of Squire Patton Boggs, discussing the court’sContinue reading ““Troubling Trend, Another Court Declines to Enforce Arbitration Clause””

“NY Federal Court Decision Highlights Importance of Careful Drafting of Arbitration Program”

Kenneth Turnbull, Leni Battaglia and Michael Fleming of Morgan, Lewis and Bockius have authored this article, published in Lexology, discussing the court’s decision in Seltzer v. Clark Associates, LLC , which they suggest “serves as a reminder for employers who are implementing or renewing arbitration agreements to ensure that they do so in a manner thatContinue reading ““NY Federal Court Decision Highlights Importance of Careful Drafting of Arbitration Program””

“Judge Upholds Award of Attorneys’ Fees to Brokers Who Left CS for UBS”

This article in AdvisorHub discusses a recent Massachusetts court decision “refus[ing] to modify or vacate a Finra arbitration panel’s award of $1.6 million in compensatory damages, more than $83,000 in costs and almost $411,000 in attorneys’ fees to four Boston brokers who joined UBS five years ago.” As the article explains, “Credit Suisse has lost another attemptContinue reading ““Judge Upholds Award of Attorneys’ Fees to Brokers Who Left CS for UBS””

Federal Appellate Decision Directing Consumer Arbitration In Absence Of Agreement Attributed To Trump-Appointed Judge

An article entitled “Trump Judge Requires Individual Arbitration of Complaint Against Corporation for Making Illegal Telemarketing Calls and Prevents Class Action: Confirmed Judges, Confirmed Fears,” authored by Elliot Mincberg and posted by People for the American Way, argues that the Fourth Circuit’s recent 2-1 decision in Mey v. DIRECTV, LLC “accelerates the trend, begun byContinue reading “Federal Appellate Decision Directing Consumer Arbitration In Absence Of Agreement Attributed To Trump-Appointed Judge”

“New Jersey Arbitration Agreements Need Not Designate a Specific Arbitrator or ‘Arbitral Forum’ to be Enforceable”

Thomas Howley and Robert Szyba of Seyfarth Shaw LLP have this article in Lexology, discussing the New Jersey Supreme Court’s recent decision in Flanzman v. Jenny Craig, Inc. And an article by Annmarie Simeone of Norris McLaughlin P.A., discussing Flanzman, published in The National Law Review, can be found here.

California Appellate Court Holds Dispute Regarding Fast and Furious Franchise Not Arbitrable

Nathalie Russell and C. Linna Chen have authored this article, published in Lexology, discussing the California appellate decision in Moritz v. Universal City Studios LLC. They summarize their article as follows: “California appeals court affirms denial of motion to compel arbitration of contractual dispute concerning Fast and the Furious spinoff film, Hobbs & Shaw, holding arbitration provisions inContinue reading “California Appellate Court Holds Dispute Regarding Fast and Furious Franchise Not Arbitrable”