Having Successfully Moved To Compel Arbitration, Nursing Home Operator’s Failure To Proceed Leads Court To Reverse Its Decision

In Laude v. SSC Greenfield Operating Company LLC, a Wisconsin federal court granted a nursing home operator’s motion to compel arbitration of claims brought by the estate of a deceased patient. Having secured the right to arbitrate, the operator engaged in a twenty-two month period of inaction described by the court as “delayed indecisiveness borderingContinue reading “Having Successfully Moved To Compel Arbitration, Nursing Home Operator’s Failure To Proceed Leads Court To Reverse Its Decision”

“Eleventh Circuit Clears the Road to Arbitration for Last-Mile Drivers”

Lexology has published this article by Seyfarth Shaw attorneys Lennon B. Haas, Kyle Petersen and Kevin M. Young, discussing the recent decision in Hamrick v. Partsfleet, LLC, in which, as the article notes, the Eleventh Circuit made clear “that delivering goods that originate out of state is not enough to trigger the [Federal Arbitration Act]Continue reading ““Eleventh Circuit Clears the Road to Arbitration for Last-Mile Drivers””

“Texas Federal Court Compels Arbitration of Civil Rights Claims but Stays Proceedings to Avoid Future Statute of Limitations Issues”

Alex Silverman of Carlton Fields has this article in JD Supra, discussing a Texas federal court’s decision in Pirzada v. AAA Texas, LLC, in which the court, while granting a motion to compel arbitration, stayed rather than dismiss the lawsuit in order “to preserve the plaintiff’s claims in the event they are not resolved byContinue reading ““Texas Federal Court Compels Arbitration of Civil Rights Claims but Stays Proceedings to Avoid Future Statute of Limitations Issues””

“N.J. judge tosses suit testing legality of shareholder arbitration”

Those who have been following (or are otherwise interested) in the movement among some to institute mandatory shareholder arbitration as an alternative to shareholder class actions may enjoy this article by Alison Frankel in Reuters, discussing the New Jersey District Court’s recent decision in The Doris Behr 2012 Irrevocable Trust v. Johnson and Johnson. InContinue reading ““N.J. judge tosses suit testing legality of shareholder arbitration””

Appellate Court Upholds Law Firm’s Right To Compel Arbitration Of Client Claims

In Wesichadle v. Vo, the California Court of Appeal reversed the trial court’s refusal to compel arbitration of a malpractice claim brought against a law firm by its former client. Explaining that “much of the trial court’s written order focused on the procedural unconscionability of the retainer agreement,” the Court of Appeal held that theContinue reading “Appellate Court Upholds Law Firm’s Right To Compel Arbitration Of Client Claims”

“Ohio District Court Rejects Multiple Challenges to Electronically Signed Arbitration Agreement”

Greg Mersol of Baker & Hostetler has this article, available at Lexology, discussing the decision by an Ohio federal court in Reulbach v. Life Time Fitness, Inc., in which the court, enforcing a class action waiver, compelled arbitration of employment claims. As the article explains, “[t]he Reulbach decision reflects that some plaintiffs will continue to make challengesContinue reading ““Ohio District Court Rejects Multiple Challenges to Electronically Signed Arbitration Agreement””

“Promises, Promises in Arbitration of Employment Disputes”

The Missouri Court of Appeals decision in Harris v. Volt Management Corp. is discussed in this Lexology article by the Baker Sterchi law firm. As the article explains, the court “reaffirmed that under Missouri law, an arbitration agreement that vests in one party the unfettered right to modify the arbitration program lacks consideration and willContinue reading ““Promises, Promises in Arbitration of Employment Disputes””

“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’”

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’””

“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”

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””

Divided Appellate Court Holds That Arbitration Administrator’s Protocols Regarding Arbitrability Must Be Referred To An Arbitrator For Interpretation And Enforcement

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”