September 2023

“Third Circuit Reverses District Court Order Compelling Arbitration, Highlighting That Arbitration and ‘Expert Determinations’ Are Different Forms of Dispute Resolution

Kenneth Cesta of Carlton Fields has authored this article, available in JD Supra, discussing the Third Circuit’s decision in Sapp v. Industrial Action Services, LLC. The court was confronted with a provision similar to those often found in financial transactional documents, delegating the determination of disputes regarding monetary calculations to an accounting firm. The questionContinue reading ““Third Circuit Reverses District Court Order Compelling Arbitration, Highlighting That Arbitration and ‘Expert Determinations’ Are Different Forms of Dispute Resolution”

“Second Circuit Upholds the Enforceability of an Arbitration Filing Deadline, and Finds Litigants Cannot Evade Arbitral Confidentiality Rules in Court Filings” The Second Circuit’s recent decision in In re IBM Arbitration Agreement Litigation is the focus of this article by Sullivan & Cromwell, available on Lexology. The decision is notable for two propositions that oftenContinue reading

“Court Rejects Former Employee’s Challenge to ‘Loser-Pays’ Arbitration Provision”

Valerie Sanders of Eversheds Sutherland has authored this article, available in Lexology, discussing the Eleventh Circuit’s decision in Payne v. Savannah College of Art & Design. As discussed in the article, the court rejected a claim of discrimination and retaliation by a college’s terminated fishing coach that it would be unconscionable to require him toContinue reading ““Court Rejects Former Employee’s Challenge to ‘Loser-Pays’ Arbitration Provision””