Author Archives: Robert Harris

In this article, published in Lexology, Kim Gershen and Megan Burns of Troutman Pepper, discuss the decision in Frank Gilbert v. I.C. System, Inc., where the court found that a conclusory declaration regarding the plaintiff’s ostensible acceptance of arbitration terms, when he “was provided with the Terms and Conditions when he began his Sprint account”Continue reading ““The Northern District of Illinois Dismisses Motion to Compel Arbitration in a FDCPA Class Action, Emphasizing the Dangers of an Inadequate Corporate Declaration””

In Mainthia Technologies Inc. v. Recruiting Force, LLC d/b/a Recruit Veterans, the Texas Court of Appeals affirmed a lower court’s denial of a motion to compel arbitration, for the simple reason “that a joint-venture agreement between [the parties] ‘does not include an agreement to arbitrate.’” The agreement at issue provided for an attempt to resolveContinue reading “Court Declines To Infer Agreement To Arbitrate From Ambiguous Contract Language”

As Gary Qualls of K&L Gates explains in this article, available at JD Supra, the recently enacted federal No Surprises Act “seeks to protect patients from so-called “surprise medical bills” in certain emergency and nonemergency settings for out-of-network patients.” The Act “establishes an arbitration process for disputes between providers and payors,” which Mr. Smalls outlinesContinue reading ““The Federal No Surprises Act and Its Arbitration Provisions””

Dave Reif discusses in this recent edition of his blog two recent federal cases addressing the addition of arbitration clauses to existing employment relationships, in which the courts each held the arbitration provision to be enforceable.

A New York court’s recent decision in WPP Group USA, Inc. v. RB/TDM Investors, LLC et al provides a point of reference for this JD Supra article by Ann Terrell Dorsett, Stephen Foresta, Aaron Jaroff and Lee Royster of McGuire Woods, in which they discuss the importance to purchasers of representations and warranties insurance policy ofContinue reading ““Arbitration vs. Litigation: More Than Just a Preference for RWI Policyholders””

Alison Frankel of Reuters has this article, discussing the Second Circuit’s decision in Milberg, LLP v. Drawrah Limited, et al. As Ms. Frankel states, “[t]he 2nd U.S. Circuit Court of Appeals made clear in a summary order Tuesday that if you’re suing a foreign defendant to vacate an arbitration award, you still have to pay heed toContinue reading ““2nd Circuit squelches Milberg bid to redo arbitration over unpaid $12 million fee””

Allison Snyder of Porter Hedges LP explains the importance of clearly definited parameters of an arbitrator’s authority in her discussion of the Fifth Circuit’s decision in Soaring Wind Energy LLC (SWE) v. CATIS USA Inc., et al., denying an effort to vacate an arbitration panel’s award for exceeding its powers. The panel awarded almost $63Continue reading ““If You Seek To Limit The Authority Of Your Arbitrators, Your Arbitration Clause Must Be Clear””

A Florida District Court has denied an application for discovery in aid of a foreign arbitration made under 28 U.S.C. Section 1782, finding that the presiding tribunal–the International Chamber of Commerce–is not a foreign or international tribunal that conforms to the statute. Affirming the decision of a Magistrate Judge, the court held in In reContinue reading “Court Holds That An ICC Arbitration Does Not Trigger Discovery Rights Under Section 1782”

“Consumers who sued Amazon must now arbitrate claims that the company’s Alexa device, a digital assistant, illegally recorded their voices and stored their voiceprints in violation of the Illinois Biometric Information Privacy Act (BIPA).” So begins this article by Christina Tabacco in Law Street Media, discussing the decision by an Illinois District Court in WilcoskyContinue reading ““Court Sends Amazon Alexa BIPA Plaintiffs to Arbitration””

This article by Abraham Gafni, published in The Legal Intelligencer, adds to the discussion of the Third Circuit’s decision in National Mutual Casualty Company Insurance Group (Penn National) v. New England Reinsurance, 20-1635 and, No. 20-1872 (3rd Cir. Dec. 24, 2020), holding that a petition to confirm an arbitration award serves to make public the award whenContinue reading ““Is Arbitration Confidentiality Lost When an Award Is Filed?””