Court Rejects Losing Party’s Post-Award Contention That Arbitrator Was Impaired By Pain Killers

The recent California appellate decision in Alper v. Rotella begins by noting that “four business partners had a dispute that ultimately led to a nine-day arbitration hearing. During the hearing, the arbitrator openly took pain medications. After the arbitrator issued a final ruling, the two losing partners filed a petition in the trial court toContinue reading “Court Rejects Losing Party’s Post-Award Contention That Arbitrator Was Impaired By Pain Killers”

“Preparing Clients for Productive Mediations”

In this article available at JD Supra, Abby Silverman offers helpful insight into “participants’ reaction to one aspect of the mediation process—the bargaining.” As she explains, “[t]he emotions surrounding litigation may explain why participants in mediations, experienced and inexperienced litigants alike, are shocked and surprised in the normal course of mediation it becomes a bargainingContinue reading ““Preparing Clients for Productive Mediations””

“First Circuit Concludes App User Is Bound By Arbitration Clause In App’s Terms and Conditions”

The First Circuit’s recent decision in Emmanuel v. Handy Technologies, Inc. is the subject of this JD Supra article by Carlton Fields. As the article explains, the court compelled arbitration of a putative class action brought on behalf of nannies and housekeepers offering services through the defendant’s app, alleging that they were misclassified as independentContinue reading ““First Circuit Concludes App User Is Bound By Arbitration Clause In App’s Terms and Conditions””

“Data Protection Obligations in International Arbitration”

This article, available in The National Law Review and authored by Leith Ben Ammar of Greenberg Traurig, discusses “the applicability of data protection laws to international arbitration, describes who is responsible for compliance with the data protection laws, and identifies key rules and principles likely to apply.”

Prevailing Party In Arbitration Loses Right To Seek Attorneys’ Fees By Not Presenting Evidence Prior To The Issuance Of An Award

Parties often include a demand for attorneys’ fees in claims submitted for arbitration. The opportunity to recover attorneys’ fees is dependent upon the success of the underlying substantive claim, so the inclination of a party is often to wait until the arbitrator issues the award on the claim. However, because the Federal Arbitration Act andContinue reading “Prevailing Party In Arbitration Loses Right To Seek Attorneys’ Fees By Not Presenting Evidence Prior To The Issuance Of An Award”

“Seventh Circuit Holds EEOC Right-to-Sue Letter Does Not Trump a Binding Arbitration Agreement”

Christina Gallo of Carlton Fields has authored this article, available at JD Supra, discussing the Seventh Circuit’s decision in Melton v. Pavilion Behavioral Health System. As the article notes, the court “found that the EEOC’s right-to-sue letter did not override the arbitration agreement; it merely allowed Melton to move beyond the administrative process and pursueContinue reading ““Seventh Circuit Holds EEOC Right-to-Sue Letter Does Not Trump a Binding Arbitration Agreement””