“Virginia Supreme Court: Arbitration Clauses in Trusts Are Not Enforceable Against Beneficiaries”

“It might come as no surprise that many settlors and advisors seek to include [an arbitration] clause in their trusts…. Despite [the] potential benefits, the question remains whether such a clause can be enforced against a beneficiary or a trustee, when such beneficiary or trustee wants to proceed in court.” So begins this JD SupraContinue reading ““Virginia Supreme Court: Arbitration Clauses in Trusts Are Not Enforceable Against Beneficiaries””

“Splitting with Sister Courts, the Dallas Court of Appeals Holds Post-Judgment Interest Applies to Judgments Confirming Arbitration Awards”

Robert Fountain of Carrington Coleman has this interesting article, available at JD Supra, discussing the Texas appellate opinion in Bluestone Resources, Inc. v. First National Capital, LLC. As the article notes, the decision raises interesting issues about whether and when a court may impose statutory interest on an award when the arbitrators fail to provideContinue reading ““Splitting with Sister Courts, the Dallas Court of Appeals Holds Post-Judgment Interest Applies to Judgments Confirming Arbitration Awards””

“State Securities Regulator Moves To Vacate A FINRA Arbitration Expungement Award”

Attorney Robert Herskovits has authored this interesting article, available at JD Supra, discussing the intervention of the Alabama Securities Commission (“ASC”) in a Florida action brought by a registered financial advisor to confirm an arbitration award that expunged certain customer complaints from his record. According to the article, the ASC has stated its intention toContinue reading ““State Securities Regulator Moves To Vacate A FINRA Arbitration Expungement Award””

“Binding Nonsignatories to Arbitration Agreements”

Franklin McRoberts authored this article, available at JD Supra, discussing in a business divorce context an unsuccessful attempt by one of the owners to bring nonparties into a contractually compelled arbitration. As the article explains, the New York court in Fritch v. Bron held that, insofar as the company held itself out as operating underContinue reading ““Binding Nonsignatories to Arbitration Agreements””

Online Arbitration Agreements: Enforceable Or Not

Two articles discussing two cases from California. In Berman v. Freedom Financial Network LLC, discussed in this Lexology article by Om Alladi at Proskauer Rose, the Ninth Circuit held that an arbitration provision contained in websites was not sufficiently conspicuous to make it enforceable against consumers who ostensibly agreed to it by clicking on aContinue reading “Online Arbitration Agreements: Enforceable Or Not”

Maryland Court Unanimously Holds That Statute Of Limitations Does Not Preclude Arbitration Claim For Breach Of Contract

In Park Plus, Inc. v. Palisades of Towson, LLC, the Maryland Court of Appeals held that the three year statutory period for suing for breach of contract did not bar the assertion of the contract claim in an arbitration proceeding contemplated by the parties’ agreement. As the court explained, “Statutes of limitations have historically beenContinue reading “Maryland Court Unanimously Holds That Statute Of Limitations Does Not Preclude Arbitration Claim For Breach Of Contract”

“In the Weeds: Why Arbitration May Be the Key to Preserving Enforcement of Cannabis M&A and VC Contracts”

Brian Koosed, Whitney Smith, Kodey Haddox and Ashley Song of K&L Kates have this article in The National Law Review, in which they discuss a “lingering problem” of courts that “will not enforce a contract between cannabis companies” based on their view that awarding relief under the agreements would endorse violating the federal Controlled SubstancesContinue reading ““In the Weeds: Why Arbitration May Be the Key to Preserving Enforcement of Cannabis M&A and VC Contracts””

“Can I Enforce The Arbitration Clause In A Terminated Agreement?”

Joseph A. Apatov , Stephanie Hand-Cannane , James W. Sandy , Chase Stoecker and Alyssa Weiss of McGlinchey Stafford have this article, available at Mondaq, discussing the Ohio Court of Appeals recent decision in Franklin Dissolution L.P. v. Athenian Fund Management, Inc. As the article explains, the court held that “a party does not waiveContinue reading ““Can I Enforce The Arbitration Clause In A Terminated Agreement?””

Company’s Shortened Contractual Period To Assert Claim Invalidates Arbitration Provision

The New Jersey appellate division recently invalidated an company’s attempt to compel arbitration of claims brought by a former employee. In Guc v. Raymours Furniture Company, Inc., the court was presented with a contractual provision that required the employee to commence an arbitration of her employment related claims within 180 days. Because the contractual timeContinue reading “Company’s Shortened Contractual Period To Assert Claim Invalidates Arbitration Provision”

“Wisconsin high court punts case of sleeping arbitrator”

Courthouse News Service has published this article discussing the Supreme Court of Wisconsin’s decision in Loren Imhoff Homebuilder, Inc. v. Taylor, in which the court was required to take up the awkward issue of an arbitrator who allegedly fell asleep multiple times during a five day hearing. Summarizing testimony by one of the parties duringContinue reading ““Wisconsin high court punts case of sleeping arbitrator””