In Duncan v. TitleMax of Missouri, Inc., the Missouri Court of Appeals affirmed the denial of a motion to compel arbitration brought by a car lender against the grandfather of the borrower, rejecting the lender’s claim that the grandfather signed in the lender’s presence a co-borrower agreement with an arbitration provision.
Author Archives: Robert Harris
“ARBITRABILITY OF TCPA CLAIM IS UP TO ARBITRATOR”
The Fifth Circuit’s decision in Manual Mendoza v. Fred Haas Motors, Limited is the subject of this article, published by Paul C. Besozzi in TCPA World.
“Reversal grants estate compelled arbitration in nursing home med-mal case”
Katie Stancombe discusses the Indiana Court of Appeals’ decision in The Estate of Sandra King by Special Adminstrator Marie Briggs v. Aperion Care d/b/a Aperion Care Tolleston Park and Steve Robertson, Insurance Commissioner for the Indiana Department of Insurance, in this article published in The Indiana Lawyer.
Appellate Court Vacates Arbitration Award In Favor Of Litigation Funders Against Law Firm
The California Court of Appeal held in Kaufman v. Prospect Funding LLC that a litigation funder’s claim against the law firm representing the recipient of the financing was not arbitrable. The decision vacating an arbitration award is perhaps notable in that both the arbitrator and the lower court determined that the dispute was subject toContinue reading “Appellate Court Vacates Arbitration Award In Favor Of Litigation Funders Against Law Firm”
“Tenth Circuit Refuses to Vacate FINRA Arbitration Dismissal”
The Tenth Circuit’s decision in Piston v. Transamerica Capital, Inc. is the subject of this article by Brendan Gooley of Carlton Fields, published in JD Supra.
“Co-Mediation of Insurance Issues in Bankruptcy Cases”
JAMS mediator Steven Gilford has authored this article, which was published on JD Supra.
“New Jersey High Court Updates State’s Arbitration Case Law to Reflect Modern Business Practice”
The National Law Review has published this article by Ryan T. Warden and Dean j. Shauger of Ogletree, Deakins, Nsh, Smoak & Stewart, P.C., discussing the Supreme Court of New Jersey’s recent decision in Skuse v. Pfizer, Inc.
“Reassessing The Pros And Cons Of Workplace Arbitration”
Jeffrey Polsky of Fox Rothschild LLP has this article in JD Supra.
Court Of Appeals Upholds Arbitration Agreement That Permits Employer To Unilaterally Change The Rules And Procedures Governing The Arbitration
In Goff v. Nationwide Mutual Insurance, Co., the Sixth Circuit held that an arbitration agreement that gave his employer “the right to change, alter, amend or otherwise modify such Arbitration Procedures and/or the Nationwide Arbitration Rules at any time and from time to time” was not procedurally unconscionable.
Agreement To Arbitrate Enforceable, Even Though It Does Not Specify Procedures For The Selection Of The Arbitrator Or The Arbitral Process
In McCoy v. The Buccaneer, Inc., a U.S. District Court rejected an employee’s challenge to the arbitration of claims against his former employer. The court found enforceable a contract provision that specified arbitration even though the agreement failed to describe the arbitration process, how the arbitrators are to be selected or the forum for arbitration.
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