Category Archives: Uncategorized

In Smart v. West Creek Financial, Inc., a Georgia federal court denied a finance company’s motion to compel arbitration, accepting the plaintiff’s disavowal that he ever signed the rent-to-own agreement containing the arbitration provision that the finance company sought to enforce. Victory was ephemeral, however, as the court proceeded to dismiss multiple statutory claims broughtContinue reading “Non-Arbitrability Based Upon Unsigned Agreement Proves To Be A Two-Edged Sword”

Earlier this week, I referenced the decision by a Michigan district court in Kaki v. Tenet Healthcare Corporation, rejecting an attempt by a health care system and its hospitals to vacate an arbitration award finding that they retaliated against physicians who raised complaints regarding patient safety and Medicare/Medicaid fraud. Business Insurance now reports that theContinue reading “That Didn’t Take Long”

Lauren Evans of McDermott Will & Emery has authored this article, available in The National Law Review, discussing the Ninth Circuit’s decision in Setty v. Shrinivas Sugandhalaya LLP, Case No. 18-35573 (9th Cir. Jan. 20, 2021), which included both choice of law and equitable estoppel analyses. Attorney Evans posits that “[t]he Setty decision appears to demonstrate aContinue reading ““In Setty, Ninth Circuit Signals Shift in Arbitration Landscape for Non-Signatories””

Those interested in the increasing presence of third party funding in litigation may be interested in this article discussing the concomitant infusion of outside funding in international arbitration, and the rules and guidelines implemented by various international arbitration tribunals. The article, authored by Adam Erusalimsky, Charlie Morris, Helena Eatock and Zachary Krug of Woodsford, isContinue reading ““Litigation Funding: Third-party funding in international arbitration””

In Kaki v. Tenet Healthcare Corporation, a Michigan federal district court has taken an emphatic position regarding an arbitration decision in favor of physicians claiming that a health care system and its hospitals retaliated against them “for complaints they made regarding patient safety and Medicare/Medicaid fraud.” First, the court rejected the defendants’ argument that theContinue reading “Federal Court Rejects Manifest Disregard As Ground For Vacatur And Holds That The Award Must Be Unsealed”

David B. Honig, Brian Sabey and Jake B. Kolisek of Hall Render Killian Heath & Lyman PC have this article in Lexology, discussing the Sixth Circuit’s decision in United States ex rel. Dorsa v. Miraca Life Sciences, Inc., 983 F.3d 885 (2020), and noting that those “who wish to have the option of an interlocutoryContinue reading ““If You Don’t Ask the Court to Compel Arbitration or Stay the Case Pending Arbitration, You May Lose Any Right to an Interlocutory Appeal Under the FAA””

Jonathan Ingrisano and David Konkel of Godfrey & Kahn have this article in The National Law Review, discussing the pros and cons of including a mandatory arbitration provision in a trust agreement.

Lowell Ritter and Lucky Meinz of Sheppard, Mullin have authored this article, available in The National Law Review, discussing the California Court of Appeal’s decision in Garcia v. Haralambos Beverage Co. As they explain, the court “embraced the adage ‘time kills all deals’ to conclude that an employer waived its right to arbitrate the wage-hourContinue reading ““Delaying Enforcement of Arbitration Agreements May Lead to Undesirable Consequences””

Lexology has published this article from Buckley LLP, discussing a Pennsylvania District Court’s recent decision compelling arbitration of a consumer’s claim that a cable company violated FCRA by reviewing his credit reports without a permissible purpose. Although the consumer did not sign the agreement containing the arbitration provision, the court held he was equitably estoppedContinue reading ““Court orders arbitration on non-signatory claims””

Christopher Buch and Sean Power of Polsinelli have this article in JD Supra discussing the decision in Hensiek v.Board of Directors of Casino Queen Holding Company, Inc., No. 3:20-CV-377-DWD (7th Cir. January 25, 2021), denying a motion to compel arbitration for the reason that the amendment to the ESOP adding a mandatory and binding arbitration provisionContinue reading ““Illinois Court Strikes Down ESOP’s Arbitration Provision””