Monthly Archives: June 2021

Stephen J. Steinlight, Christoper Bascom, Thomas Jonathan Turner and Megan Burns of Troutman Pepper have this article in Lexology, discussing the Second Circuit’s decision in Jefferies LLC v. Gegenheimer, in which the court affirmed the ongoing theoretical vitality of the “manifest disregard of the law” ground for vacating an arbitration award, but reminding litigants ofContinue reading ““Second Circuit Affirms Southern District of New York’s Denial of Investment Banker’s Motion to Vacate FINRA Arbitration Award for the Arbitration Panel’s Alleged ‘Manifest Disregard of the Law’””

Joseph Lang Jr., of Carlton Fields, has this article in JD Supra, discussing the Eighth Circuit’s recent decision in Daredevil, Inc. v. ZTE Corporation, in which the court “determined that claims brought by Daredevil Inc. in the Eastern District of Missouri were precluded under Florida res judicata principles by an earlier arbitration in Jacksonville, Florida.”Continue reading ““No Second Bite at the Apple: Eighth Circuit Examines Identity-of-Parties and Identity-of-Causes-of-Action Requirements for Claim Preclusion Under Florida Law””

By a 2-1 vote, a sharply divided panel of the Sixth Circuit reversed a trial court’s decision refusing to compel arbitration, based upon an American Arbitration Association administrative determination that the parties failed to satisfy the AAA’s Healthcare Due Process Protocol and Healthcare Statement. Under the Protocol and Statement, healthcare providers and their patients mustContinue reading “Divided Appellate Court Holds That Arbitration Administrator’s Protocols Regarding Arbitrability Must Be Referred To An Arbitrator For Interpretation And Enforcement”

In Reulbach v. Life Time Fitness, Inc., a federal court in Ohio granted the defendant’s motion to compel arbitration of claims brought by a former employee. The company introduced the arbitration requirement after plaintiff commenced his employment. Among other arguments, the plaintiff contended that the arbitration provision would not apply to allegedly unlawful events thatContinue reading “Arbitration Agreement Adopted During Employment Encompasses Actionable Events Occurring Prior To Its Adoption”

Brendan Gooley of Carlton Fields has this article in JD Supra, discussing the Michigan federal court’s adoption of a magistrate judge’s recommendation in Anagonye v. Mass Mutual Insurance Co., in which a financial advisor, having received a notice of a right to sue within 90 days by the EEOC, failed to commence arbitration within thatContinue reading ““Court Confirms Arbitration Decision Concluding That Discrimination Claims Were Time-Barred””

Jake Martin of AdvisorHub has this article, discussing a motion by UBS to vacate a substantial FINRA arbitration award entered against it by a divided panel. According to the article, one of the arbitrators (in the majority) failed to disclose his participation as plaintiff in a number of “previous lawsuits he filed against large corporations,”Continue reading ““UBS Alleges Arbitrator Bias, Asks Court to Toss $4.8 Million Puerto Rico Bond Award””

JD Supra has published this article by Beatrice Nunez-Bellamy of Davis Wright Tremaine, discussing the California Court of Appeal decision in Bannister v. Marinidence OPCO, LLC. In Bannister, the appeals court affirmed the lower court’s determination that an electronically signed arbitration agreement was not enforceable because the employer did not definitively prove that the employeeContinue reading ““E-Signing Arbitration Agreements in a Remote World””

Alex Silverman of Carlton Fields has this article, available in JD Supra, discussing the Southern District of New York’s decision in Credit Suisse AG v. Graham, where the court rejected a petition to enjoin an arbitration on grounds that “the proceeding was an impermissible ‘collateral attack’ on a prior, related arbitration in which [the respondent’s]Continue reading ““SDNY Declines to Adopt Collateral Attack Doctrine, Grants Motion to Compel Arbitration””

In Pirzada v. AAA Texas, LLC, No. H-21-0664 (June 15, 2021), the U.S. District Court for the Southern District of Texas granted a company’s motion to compel arbitration of claims brought by an employee, rejecting claims that discovery restrictions contained in the arbitration agreement were unconscionable. Relying on precedent, the court held that the employeeContinue reading “Discovery Limitations Do Not Make Arbitration Requirement Unconscionable”

As with other matters where a company may seek to enforce contractual rights, arbitration agreements require a party to be able to prove the existence of the agreement. In CSAA Affinity Insurance Co. v. AmeriGas Propane LP, the U.S. District Court in Arizona was asked to compel arbitration of an insurance claim for water lossContinue reading “Company’s Production Of Signature Page, But Not The Remainder Of The Contract, Was Insufficient To Prove The Existence Of An Agreement To Arbitrate”