Loan Servicer Can Compel Borrower To Arbitrate

In Neal v. Navient Solutions, LLC, the Eighth Circuit Court of Appeals reversed the lower court, holding that a student loan borrower’s claims against the loan servicer must be arbitrated even though the servicer was neither a party to the loan agreement nor specifically referenced by the terms of the loan agreement. The agreement providedContinue reading “Loan Servicer Can Compel Borrower To Arbitrate”

Mediation Insights

JD Supra has published two articles authored by practioners at Miles Mediation & Arbitration that offer practitioners sophisticated insights into mediation process and techniques. Nigel Wright is the author of “How does BigLaw Resolve Commercial Litigation Cases in Mediation?”, from which all litigating attorneys will benefit. “Mediation Strategies to Overcome Bias, Prejudgments and Assumptions,” writtenContinue reading “Mediation Insights”

“Third Circuit Rules that Courts – Not Arbitrators – Decide the Threshold Question of the Existence of an Agreement to Arbitrate where the Validity of the Underlying Agreement is in Doubt”

“On September 14, 2020, the United States Court of Appeals for the Third Circuit unanimously ruled in MZM Construction Co. Inc. v. New Jersey Building Laborers’ Statewide Benefit Funds, Nos. 18-3791 & 19-3102, (3d Cir. Sept. 8, 2020) that judges – not arbitrators – decide the gateway question of arbitrability if one party disputes having everContinue reading ““Third Circuit Rules that Courts – Not Arbitrators – Decide the Threshold Question of the Existence of an Agreement to Arbitrate where the Validity of the Underlying Agreement is in Doubt””

Attorney’s Visit To Dating App Did Not Trigger Obligation To Arbitrate Client’s Patent Claim

Perry Street Software, Inc. v. Jedi Technologies, Inc., decided by the Southern District of New York, presents a creative–if not winning–argument by the creator of a dating app in its attempt to force a patent infringement claim into arbitration. The dating app creator discovered that the claimant’s counsel had downloaded the app under the nameContinue reading “Attorney’s Visit To Dating App Did Not Trigger Obligation To Arbitrate Client’s Patent Claim”

“The Growing Appeal of a Multi-Stage Mediation Process”

JD Supra has published this article by Marc Isserles of JAMS, positing that “[t]he COVID-19 pandemic has been a catalyst for the multi-stage mediation process, both because the shift to videoconference mediations has required experimentation, and because the technology facilitates asynchronous engagement.” 

“Fifth Circuit Affirms Significant Arbitration Award of Attorney’s Fees, Clarifying the Limited Scope of Review and Ruling That the Panel Did Not Exceed Its Authority”

Michael Wolgin of Carlton Fields has authored this article, available in JD Supra, discussing the court’s recent decision in Diverse Enterprises, Limited Company, L.L.C. v. Beyond International, Inc., affirming an award of attorneys’ fees based on a multiplier.

“Does a Consumer Arbitration Agreement Apply to a Company’s Future Affiliates? The Ninth and Fourth Circuits Disagree”

Lexology has published this article by Sylvia Rivera of Morrison & Foerster LLP, which poses the following question: “If a company enters an arbitration agreement with a consumer, can its future affiliate companies enforce the arbitration agreement even though the affiliate relationship did not exist at the time the consumer signed the agreement?”

Federal Court Emphasizes Powers Granted To Arbitrator

In Shirley v. FMC Technologies, Inc., a Magistrate Judge in the U.S. District Court for the Western District of Texas recommended the confirmation of an arbitrator’s award over objections that the parties’ agreement did not authorize him to address the dispute between the parties. As the court explained, the arbitration provision undeniably empowered the arbitratorContinue reading “Federal Court Emphasizes Powers Granted To Arbitrator”

“Seventh Circuit Adds to Circuit Split, Holds Section 1782 Does Not Authorize Federal Courts to Compel Discovery for Use in Private Foreign Arbitration”

Christina Gallo of Carlton Fields offers this take in JD Supra on the Seventh Circuit’s recent decision in Servotronics, Inc. v. Rolls-Royce PLC and the Boeing Company.