Author Archives: Robert Harris

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

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””

There’s a lot to unpack in this article by Valerie Sanders of Eversheds Sutherland (available on Lexology), discussing the 11th Circuit’s opinion in Nuvasive, Inc. v. Absolute Medical, LLC. NuVasive brought claims for breach of an exclusive distribution agreement, one of which–for breach of contract–was stayed by the court pending arbitration. After the arbitrators foundContinue reading ““Equitable Tolling May Apply to Deadline for Motion to Vacate Arbitration Award””

Attention arbitration lawyers: the U.S. Supreme Court today issued its decision in Coinbase, Inc. v. Bielski, holding that a party who unsuccessfully seeks in federal court to compel arbitration will, by filing an interlocutory appeal, bring the court proceedings to a standstill pending the resolution of the appeal. The closely watched case will bring clarityContinue reading “Supreme Court Rules That Appealing The Denial Of A Motion To Compel Arbitration Will Stay the Litigation”

Kenneth Cesta of Carlton Fields has authored this article, available in JD Supra, discussing the Alabama Supreme Court’s decisions in Women’s Care Specialists, P.C. v. Dr. Margot G. Potter and Dr. Karla Kennedy v. Dr. Margot G. Potter, in which the court held that a former physician employee’s claims for tortious interference and defamation “related” to herContinue reading “Alabama Supreme Court Reverses Orders Denying Motions to Compel Arbitration Under Employment Agreement”

Dena Stoddard and Richard Waddington of Chandler law tackle the pros and cons, as well as the enforceability, of arbitration clauses in law firm retainer agreements, in this article, available at JD Supra.

Arbitration is intended to be private. Unlike a court trial, arbitration occurs in a conference room, with no right of the public to enter. Privacy, however, is different than confidentiality. Unless the parties have an agreement specifically providing that they cannot discuss what transpired, or publicly distribute the transcript or exhibits generated during the arbitration,Continue reading ““You Might Think Your Arbitration Is Confidential…But, In Delaware, The Court Will Decide””

JD Supra has published this article, submitted by Orrick, Herrington, discussing the decision by the Western District of North Carolina in Granados v. LendingTree, LLC, holding that an a LendingTree customer, allegedly victimized by a cyber attack, must arbitrate his claims against the company. Upholding the recommendation of a Magistrate Judge, the court held thatContinue reading ““District Court upholds arbitration in website terms of use””

Melissa (Osipoff) Camire and Henry Thomson-Smith, of Fisher Phillips, have provided this article, discussing a pair of decisions issued by Judge Paul Engelmayer, who sits on the Southern District of New York. Addressing the recently enacted EFAA, which amended the Federal Arbitration Act by prohibiting employers from unilaterally enforcing arbitration agreement for disputes alleging sexualContinue reading ““New York Federal Court Allows Workers to Dodge Arbitration for Claims Brought With Sexual Harassment Case””