Courts Tell Parties (Albeit In Different Ways) That Arbitration Must Proceed Even Where The Parties Disagree As To The Applicability Of Consumer Or Commercial Rules

Last week, I referenced an article by Brendan Gooley discussing the decision by a federal court in Ohio that denied a motion to compel arbitration and dismissed the case brought by a plaintiff based on allegations that the defendant was refusing to arbitrate under the American Arbitration Association’s consumer rules. The court determined that theContinue reading “Courts Tell Parties (Albeit In Different Ways) That Arbitration Must Proceed Even Where The Parties Disagree As To The Applicability Of Consumer Or Commercial Rules”

“Contractor Loses Effort to Bind Remote Home Purchaser to Arbitration Clause”

In this article, available through Lexology, Jon Paul Hoelscher and Amandeep Kahlon of Bradley Arant provide an analysis of the Texas Court of Appeals’ decision in Taylor Morrison of Texas, Inc. v. Kohlmeyer, in which the court denied a contractor’s attempt to require arbitration of a mold claim brought by the third generation purchaser ofContinue reading ““Contractor Loses Effort to Bind Remote Home Purchaser to Arbitration Clause””

“Federal Court Refuses To Compel Arbitration or Appoint Arbitrators Where No Party Had Refused To Arbitrate and Both Parties Were Working on Selecting Arbitrators”

JD Supra has published this article by Brendan Gooley of Carlton Fields discussing the decision by an Ohio District Court in Linda L. Allen, et al. v. Horter Investment Management, LLC , arising out of a scenario where the contract provided for administration by the American Arbitration Association, yet the AAA declined administration based upon theContinue reading ““Federal Court Refuses To Compel Arbitration or Appoint Arbitrators Where No Party Had Refused To Arbitrate and Both Parties Were Working on Selecting Arbitrators””

Assessing the Amount in Controversy When Seeking to Vacate an Arbitral Award

“Where a plaintiff from one state has initiated arbitration against a defendant from another state, seeking millions, but has then received an arbitral award of zero, does a federal court have diversity jurisdiction to entertain the plaintiff’s motion under 9 U.S.C. § 10(a) to vacate the arbitral award?” So begins this article by Benjamin GlassmanContinue reading “Assessing the Amount in Controversy When Seeking to Vacate an Arbitral Award”

Federal Appeals Court Tackles Competing Arbitration Provisions

In Johnson v. Drake, a divided Sixth Circuit upheld an attorney’s arbitration award against a former client arising out of representation in hip implant products liability litigation. The parties’ engagement letter provided for arbitration of fee disputes, and, following the client’s replacement of the attorney with other counsel, the attorney successfully pursued arbitration to recoverContinue reading “Federal Appeals Court Tackles Competing Arbitration Provisions”

Ninth Circuit Orders Arbitration Of Claim That HBO Violated Confidentiality Agreement Regarding Michael Jackson

The Ninth Circuit has affirmed a lower court’s decision compelling arbitration of claims brought by the estate of Michael Jackson that a confidentiality agreement entered into as part of a 1992 feature retained vitality years letter when HBO aired a documentary that disclosed information regarding Jackson’s personal life. Noting that the merits of the estate’sContinue reading “Ninth Circuit Orders Arbitration Of Claim That HBO Violated Confidentiality Agreement Regarding Michael Jackson”

Court Defers To Arbitration Administrator To Determine Applicable Rules

A California District Court has provided an imprimatur to the American Arbitration Association to determine, in the absence of a contract directive, which of its rules apply to arbitration matters it administers. In Hagan v. Park Miller LLC individual investors brought an arbitration against their investment adviser pursuant to an agreement which provided for arbitrationContinue reading “Court Defers To Arbitration Administrator To Determine Applicable Rules”

Court Denies Party’s Attempt To Conduct Post-Arbitration Discovery Of Alleged Arbitrator Conflicts

A Texas appeals court has reversed a trial court’s orders compelling post-arbitration discovery designed to obtain evidence regarding ostensible conflicts of the arbitrator. During the arbitration, a party objected to the arbitrator’s continued service on the ground that decades previously he attended law school and served on the law review with one of the opposingContinue reading “Court Denies Party’s Attempt To Conduct Post-Arbitration Discovery Of Alleged Arbitrator Conflicts”