John Lewis of Baker Hostetler has written this article, available at Lexology, discussing the Fourth Circuit’s recent decision in Beckley Oncology Associates, Inc. v. Abumasmah. The Fourth Circuit dismissed the lower court’s dismissal of a complaint to vacate an arbitration award, because “[t]he employment agreement between BOA and Abumasmah purported to waiveb oth judicial andContinue reading ““Can You Waive Appellate Review of an Arbitration Award? The Fourth Circuit Says Yes””
Those interested in a quick overview of the AAA’s recently released Discovery Best Practices for Construction Arbitration may find useful this summary by R. Thomas Dunn and David Fitzpatrick at Pierce Atwood, available at JD Supra.
The unmistakable takeaway from the Ohio Court of Appeals Decision in AJZ’s Hauling, L.L.C v. TruNorth Warranty Programs of North America is that the ends justified the means. A small, family-owned business, shortly after purchasing a used truck, “experienced significant engine- and transmission-related issues.” They filed suit against the issuer of a warranty. The warrantorContinue reading “Appellate Court Affirms Denial Of Motion To Compel Arbitration, Even Though Lower Court Reversed Itself And Refused To Hold A Hearing”
Buckley LLP has published this article on Lexology, discussing the Eleventh Circuit’s recent decision in Hearn v. Comcast Cable Communications, LLC. As the article describes, the court held that an arbitration provision’s language encompassed a claim where “[t]he plaintiff terminated the defendant’s services in August 2017, but later called the defendant in 2019 to inquireContinue reading ““11th Circuit: Arbitration provision survives termination of subscriber agreement””
Adam Forman and Kyle Winnick have this article in The National Law Review, discussing the National Labor Relations Board’s recent decision in Dish Network, LLC, 370 NLRB No. 97 (2021).
Contracting parties who wish to provide both for arbitration and for the recovery of attorneys’ fees by the prevailing party should be careful before adopting template contract language. In Nelson v. Ryks, recently decided by the Minnesota Appellate Court, purchasers of real property who prevailed in arbitration against the sellers, were unable to convince theContinue reading “Attorneys’ Fees For Litigation But Not Arbitration”
Transactional lawyers involved in negotiating merger and acquisition agreements may find helpful the insights provided by Mark Foley of von Briesen & Roper, S.C., in this article, found in The National Law Review. Attorney Foley suggests the particular analysis and questions that drafters should undertake before committing to a particular arbitration provision.
I have known Judge Robert Holzberg for many years, having appeared before him when he sat on the Connecticut Superior Court, and for the past number of years witnessing the substantial impact he has had on the Connecticut mediation community. He shares in this article, available at JD Supra, insightful observations based on his extensiveContinue reading ““Notes From the Judge: Keys to a Successful Mediation””
In O’Neal Constructors, LLC v. DT America, LLC, the Eleventh Circuit was confronted with a losing party’s attempt to vacate a $650,000 attorney’s fee award. The party contended it satisfied the statutory deadline for service by virtue of email delivery. As it argued, Federal Rule of Civil Procedure allows service “by other electronic means thatContinue reading “Eleventh Circuit Holds AAA Rules Did Not Permit Email Service Of Motion To Vacate”
This article by Frank Silvestri of Verrill adds to the interest surrounding the U.S. Supreme Court’s grant of certiorari in Servotronics, Inc. v. Rolls-Royce PLC, by positing that Justice Alito’s failure to participate in the cert decision may signal his future recusal on the merits, giving rise to the prospect that the Court will split 4-4Continue reading ““Domestic Discovery for Foreign Arbitrations? – Now It’s the Supreme Court’s Turn””