Eleventh Circuit Holds AAA Rules Did Not Permit Email Service Of Motion To Vacate

In O’Neal Constructors, LLC v. DT America, LLC, the Eleventh Circuit was confronted with a losing party’s attempt to vacate a $650,000 attorney’s fee award. The party contended it satisfied the statutory deadline for service by virtue of email delivery. As it argued, Federal Rule of Civil Procedure allows service “by other electronic means thatContinue reading “Eleventh Circuit Holds AAA Rules Did Not Permit Email Service Of Motion To Vacate”

“Domestic Discovery for Foreign Arbitrations? – Now It’s the Supreme Court’s Turn”

This article by Frank Silvestri of Verrill adds to the interest surrounding the U.S. Supreme Court’s grant of certiorari in Servotronics, Inc. v. Rolls-Royce PLC, by positing that Justice Alito’s failure to participate in the cert decision may signal his future recusal on the merits, giving rise to the prospect that the Court will split 4-4Continue reading ““Domestic Discovery for Foreign Arbitrations? – Now It’s the Supreme Court’s Turn””

“Courts Split on Class Action Waivers, Arbitration Provisions in ERISA Litigation”

This Lexology article by Todd D. Wozniak, Lindsey R. Camp, Chelsea Ashbrook McCarthy and Megan C. Eckel of Holland & Knight discusses recent decisions addressing the enforceability of arbitration provisions in ERISA plans, concluding that “[w]ithout clear direction from the Supreme Court or legislative action, district courts and circuit courts of appeal will continue toContinue reading ““Courts Split on Class Action Waivers, Arbitration Provisions in ERISA Litigation””

“Monster Energy distribution dispute: amicus briefs do not create evident partiality”

Matthew Kirtland, Katie Connolly, Esha Kamboj of Norton Rose Fulbright have this article in Lexology, discussing a California District Court’s decision in Monster Energy Co v City Beverages, 5:17-CV-00295, 2021 WL 650275 (CD, Cal, 17 Feb 2021), in which the court held that JAMS’ submissions of amicus briefs in litigation challenging the impartiality of oneContinue reading ““Monster Energy distribution dispute: amicus briefs do not create evident partiality””

Inconsistent Contract Provisions Undermines Claim For Attorneys’ Fees

The California Court of Appeals decision in Bilodeau v. Modern Mobile Homes, Inc. provides a cautionary tale to contract drafters. A prevailing party in an arbitration sought to recover attorneys’ fees incurred in connection with post-award proceedings that unsuccessfully sought to vacate the arbitration award. As the court noted, the arbitration provision contained in theContinue reading “Inconsistent Contract Provisions Undermines Claim For Attorneys’ Fees”