“Court Sends Amazon Alexa BIPA Plaintiffs to Arbitration”

“Consumers who sued Amazon must now arbitrate claims that the company’s Alexa device, a digital assistant, illegally recorded their voices and stored their voiceprints in violation of the Illinois Biometric Information Privacy Act (BIPA).” So begins this article by Christina Tabacco in Law Street Media, discussing the decision by an Illinois District Court in WilcoskyContinue reading ““Court Sends Amazon Alexa BIPA Plaintiffs to Arbitration””

“Is Arbitration Confidentiality Lost When an Award Is Filed?”

This article by Abraham Gafni, published in The Legal Intelligencer, adds to the discussion of the Third Circuit’s decision in National Mutual Casualty Company Insurance Group (Penn National) v. New England Reinsurance, 20-1635 and, No. 20-1872 (3rd Cir. Dec. 24, 2020), holding that a petition to confirm an arbitration award serves to make public the award whenContinue reading ““Is Arbitration Confidentiality Lost When an Award Is Filed?””

Non-Arbitrability Based Upon Unsigned Agreement Proves To Be A Two-Edged Sword

In Smart v. West Creek Financial, Inc., a Georgia federal court denied a finance company’s motion to compel arbitration, accepting the plaintiff’s disavowal that he ever signed the rent-to-own agreement containing the arbitration provision that the finance company sought to enforce. Victory was ephemeral, however, as the court proceeded to dismiss multiple statutory claims broughtContinue reading “Non-Arbitrability Based Upon Unsigned Agreement Proves To Be A Two-Edged Sword”

That Didn’t Take Long

Earlier this week, I referenced the decision by a Michigan district court in Kaki v. Tenet Healthcare Corporation, rejecting an attempt by a health care system and its hospitals to vacate an arbitration award finding that they retaliated against physicians who raised complaints regarding patient safety and Medicare/Medicaid fraud. Business Insurance now reports that theContinue reading “That Didn’t Take Long”

“In Setty, Ninth Circuit Signals Shift in Arbitration Landscape for Non-Signatories”

Lauren Evans of McDermott Will & Emery has authored this article, available in The National Law Review, discussing the Ninth Circuit’s decision in Setty v. Shrinivas Sugandhalaya LLP, Case No. 18-35573 (9th Cir. Jan. 20, 2021), which included both choice of law and equitable estoppel analyses. Attorney Evans posits that “[t]he Setty decision appears to demonstrate aContinue reading ““In Setty, Ninth Circuit Signals Shift in Arbitration Landscape for Non-Signatories””

“Litigation Funding: Third-party funding in international arbitration”

Those interested in the increasing presence of third party funding in litigation may be interested in this article discussing the concomitant infusion of outside funding in international arbitration, and the rules and guidelines implemented by various international arbitration tribunals. The article, authored by Adam Erusalimsky, Charlie Morris, Helena Eatock and Zachary Krug of Woodsford, isContinue reading ““Litigation Funding: Third-party funding in international arbitration””

Federal Court Rejects Manifest Disregard As Ground For Vacatur And Holds That The Award Must Be Unsealed

In Kaki v. Tenet Healthcare Corporation, a Michigan federal district court has taken an emphatic position regarding an arbitration decision in favor of physicians claiming that a health care system and its hospitals retaliated against them “for complaints they made regarding patient safety and Medicare/Medicaid fraud.” First, the court rejected the defendants’ argument that theContinue reading “Federal Court Rejects Manifest Disregard As Ground For Vacatur And Holds That The Award Must Be Unsealed”

“If You Don’t Ask the Court to Compel Arbitration or Stay the Case Pending Arbitration, You May Lose Any Right to an Interlocutory Appeal Under the FAA”

David B. Honig, Brian Sabey and Jake B. Kolisek of Hall Render Killian Heath & Lyman PC have this article in Lexology, discussing the Sixth Circuit’s decision in United States ex rel. Dorsa v. Miraca Life Sciences, Inc., 983 F.3d 885 (2020), and noting that those “who wish to have the option of an interlocutoryContinue reading ““If You Don’t Ask the Court to Compel Arbitration or Stay the Case Pending Arbitration, You May Lose Any Right to an Interlocutory Appeal Under the FAA””