Monthly Archives: October 2020

Noting that “[f]ew decisions have considered when a plaintiff waives his right to arbitrate through litigation conduct,” John Lewis of Baker & Hostetler has this article in Lexology, discussing the Fifth Circuit’s decision in Sabatelli v. Baylor Scott & White Health.

Even the name of the case–Transcontinental Gas Pipe Line Co LLC v. Permanent Easement For 2.59 Acres, Temporary Easements For 5.45 Acres And Temporary Access Easement For 2.12 Acres In Pine Grove Township, Schuylkill County, Pa, Tax Parcel Number 21-04-0016.000 361, Chapel Drive, Pine Grove, Pine Grove Township, Schuylkill County Pa.–tells the reader that thisContinue reading “Third Circuit Soundly Rejects Award By The Director Of The Healing My People Arbitration Association”

Benjamin Stearns of Carlton Fields has authored this article, available in JD Supra, discussing a decision by a Ohio federal court in Allen v. Horter Investment Management, LLC. Although the parties agreed that arbitration of a consumer claim was appropriate, “they could not agree whether the arbitration should be conducted individually or as one consolidatedContinue reading ““Court Denies Motion To Compel Arbitration and To Appoint Arbitrators Where Parties Had Agreed To Arbitrate and There Was No Impasse””

A Pennsylvania appellate panel has denied a boarding school’s request to arbitrate claims arising from the skiing death of a student who joined the school’s ski team in furtherance of a requirement that she participate in an organized sport. As the court explained, the complaint alleged that “any student who wanted to try out forContinue reading “Private School Waived Its Right To Compel Arbitration Of Claims Arising From Skiing Death Of A Student”

With the extensive move toward Zoom and other online arbitrations, what can be done to compel the video attendance of witnesses? This article by Gaela Normile of Vandeventer Black LLP, published on JD Supra, provides an answer, against the backdrop of the Eleventh Circuit’s decision in Managed Care Advisory Grp., LLC v. CIGNA Healthcare, Inc.,Continue reading ““Virtually Impossible: Eleventh Circuit’s Denial of Non-Parties Attending Arbitration Hearings Via Video or Telephone””

Nora Valenza-Frost of Carlton Fields offers this perspective, available in JD Supra, on the court’s decision in Jackson, et al. v. The Aliera Companies, Inc., vacating its prior decision denying a motion to compel arbitration and finding that the movants did not waive their rights to arbitrate.

Two recent decisions have independently held that the failure of a party to advance fees in accordance with American Arbitration Rules will preclude the party from continuing with arbitration. In one of these matters, the Alabama Supreme Court reversed a lower court’s order compelling arbitration of claims brought by an employee who joined the defendantContinue reading “Failure To Follow AAA Rules Precludes Right To Pursue Arbitration”

COVID-19 claims are beginning to emerge in an arbitration context. In Fitzgerald v. Grand, Circle, LLC d/b/a Overseas Adventure Travel, a U.S. District Court addressed the cancellation of a cruise due to the pandemic. The passengers, upset at the cruise lines willingness to provide an opportunity to reschedule the trip but not a refund, broughtContinue reading “Cruise Ship Passengers Whose Trip Was Cancelled Due To Covid Required To Arbitrate Their Claim For A Refund”

By a 2-1 vote, a Washington Court of Appeals determined that an Authorized Representative of Sprint must arbitrate claims even though the representative commenced litigation only after Sprint declined requests to mediate in accordance with the parties’ agreement. In Pagecom, Inc. v. Sprint Solutions, Inc., the majority held that the occurrence of a mediation afterContinue reading “Divided Court Requires Arbitration”

Angela Kleine and Neil Tyler of Morrison & Foerster LLP have authored this article in Lexology. According to the article, “[t]hese cases all underscore the importance of paying careful attention to the drafting and presentation of arbitration provisions. Even seemingly minor differences in drafting and approach can result in disputes being heard outside their intendedContinue reading ““Arbitrating Arbitrability: Three Recent Appellate Decisions on Delegation Clauses in Arbitration Agreements””