Author Archives: Robert Harris

Rebecca Bjork of Duane Morris has authored this article, available at Lexology, discussing the Southern District of New York’s decision in Querette v. Chromalloy Gas Turbine, LLC, As Attorney Bjork notes, “the Court’s order represents a master class in how to properly apply contract interpretation principles and enforce all clauses in arbitration agreements.”

By: Rob Harris The Michigan Court of Appeals’ recent decision in S.P. v. Lakelands Golf and Country Club raised a number of arbitration-related issues pertaining to a golf club employee who alleged she suffered a workplace sexual assault by an individual who, based on who you believe, was asserted to be either a “member-owner” orContinue reading “Alleged Sexual Assault Of Golf Club Employee By (Former?) Member Of Club Raises Panoply Of Arbitration Issues”

“In Lavvan, Inc. v. Amyris, Inc., No. 21-1819 (2d Cir. Sept. 15, 2022), the Second Circuit affirmed order denying motion to compel arbitration, holding that there was not clear and unmistakable evidence in the parties’ contract of an intent to arbitrate arbitrability and that the appellant’s claims were not subject to arbitration.” So begins this article byContinue reading ““Second Circuit affirms order denying motion to compel arbitration””

In this article, available on JD Supra, Joseph Palmore and Adam Sorensen of Morrison & Foerster discuss the Supreme Court’s recent grant of certiorari. The court’s decision will have a meaningful impact on the timing of certain disputes emanating from agreements with arbitration provisions, as it will determine whether cases can proceed in a lowerContinue reading ““Supreme Court To Settle Longstanding Split Over Stays Pending Arbitration Appeals””

Rebecca Gobeil of Gordon Rees offers valuable insights to contract drafters in this article available at Lexology. Although Attorney Gobeil’s focus is on construction contracts, the thought process suggested is valuable in all commercial agreements. I particularly endorse her suggestion that a “great option” is to provide for mediation as a condition precedent to theContinue reading ““Quick Notes on Considerations when Choosing Arbitration or Litigation at the Time of Contracting””

Questions about whether a non-party is to be brought within the ambit of an arbitration agreement is an ongoing issue when disputes arise. This article, by Joshua Barlow and Aakruti Vakharia of Haug Partners, available at JD Supra, provides an insightful discussion, including a review of relevant case law.

Jared Slater of Ervin Cohen & Jessup has this article, available at JD Supra, discussing the California Court of Appeal decision in Espinoza v. Superior Court, in which the court rejected an employer’s attempt to arbitrate a dispute based on the untimely submission of a filing fee. Although the lower court had found the delayContinue reading ““Substantial Compliance Is Not Enough: A Cautionary Ruling For Employment Arbitration Actions””

JD Supra has published this article by Keith Bishop of Allen Matkins, discussing a California court’s decision in Zhang v. The Superior Court of Los Angeles County. As the article explains, the court was confronted with the issue of whether a law firm partner should be construed as an employee for purposes of a CaliforniaContinue reading ““Court Holds That Arbitrator Must Decide Whether Partner Is An Employee””

Mondaq has published this article by Randy Heller at Gallet Dreyer & Berkey, discussing the New York Appellate Division’s recent opinion in Vitiello v. Home Buyers Resale Warranty Corp. The article explains that, while a state (in this instance, New York) arbitration statute may not be “dramatically dissimilar” from the Federal Arbitration Act, there areContinue reading ““Is Your Arbitration Governed by Federal or State Law? Does it Matter?””

In Park Plus, Inc. v. Palisades of Towson, LLC, the Maryland Court of Appeals held that a motion to compel arbitration under the Maryland Uniform Arbitration Act is not subject to a statute of limitations applicable to a “civil action at law.” Acknowledging that an “arbitrator may still decide that [the claimant’s] substantive claim isContinue reading ““Is Arbitration Ever Time-Barred?””