A federal court matter in the Western District of Pennsylvania is not off to a good start, with the plaintiff seeking an interlocutory appeal over the court’s order, following the initial Rule 16 conference, that the parties engage in an early neutral evaluation. In Pennsylvania Skill Games, LLC v. Action Skill Games, LLC, the plaintiff,Continue reading “Party Unsuccessfully Seeks Interlocutory Appeal Of Court ADR Order”
Category Archives: Uncategorized
Federal Court, Raising A Judicial Eyebrow, Determines Case Is Arbitrable
United States District Judge Dominic Lanza appeared to be frustrated or worse in directing the parties to arbitration in Quantum Fluids LLC v. Kleen Concepts LLC. As Judge Lanza describes the matter: “This case, which arises from a seemingly straightforward business dispute between Plaintiff Quantum Fluids LLC (“Quantum”) and Defendant Kleen Concepts LLC (“Kleen”), hasContinue reading “Federal Court, Raising A Judicial Eyebrow, Determines Case Is Arbitrable”
Possibility Of Incurring Transcription Costs Does Not Render Arbitration Agreement Substantively Unconscionable
In Bufford v. VXI Global Solutions LLC an Arizona District Court, in compelling arbitration, rejected a claim that the agreement was substantively unconscionable in requiring a party to pay for transcription of arbitration proceedings. As the court explained, “Transcript costs are not significantly prohibitive. They are comparable to the costsassociated with transcribing the matter inContinue reading “Possibility Of Incurring Transcription Costs Does Not Render Arbitration Agreement Substantively Unconscionable”
“’Look through’ doctrine and diversity of citizenship”
Dave Reif offers this interesting take on the federal district court decision in ADT LLC v. Richmond, 2021 U.S. Dist. LEXIS 8830 (N.D. Tex. Jan. 8, 2021) assessing whether there exists diversity jurisidiction to entertain an action to compel arbitration.
“D.C. District Court Denies Motion To Compel Arbitration Of FCRA Claim Due to Insufficient Declaration”
Sarah Meyer of Womble Bond Dickinson has this article in JD Supra, discussing the recent decision in Proctor v. First Premier Corp., 2021 U.S. Dist. LEXIS 6502 (D.D.C. Jan. 13, 2021), denying a motion to compel arbitration “in a Fair Credit Reporting Act case, on the grounds that First Premier did not sufficiently establish thatContinue reading ““D.C. District Court Denies Motion To Compel Arbitration Of FCRA Claim Due to Insufficient Declaration””
“D.C. District Court Denies Motion To Compel Arbitration Of FCRA Claim Due To Insufficient Declaration”
Sarah Meyer of Womble Bond Dickinson has authored this article, available through The National Law Review, discussing the decision in Proctor v. First Premier Corp., 2021 U.S. Dist. LEXIS 6502 (D.D.C. Jan. 13, 2021), denying a motion to compel arbitration “in a Fair Credit Reporting Act case, on the grounds that [the movant] did notContinue reading ““D.C. District Court Denies Motion To Compel Arbitration Of FCRA Claim Due To Insufficient Declaration””
“Delaware Supreme Court Finds that Court of Chancery Had Jurisdiction To Enjoin a Collateral Attack on a Prior Arbitration Award Under the Federal Arbitration Act”
JD Supra has published this article by Morris James attorneys Albert Manwaring, IV, Tyler O”Connell and Bryan Townsend, discussing the decision in Gulf LNG Energy, LLC v. ENI USA Gas Mktg., LLC, No. 22, 2020 (Del. Nov. 17, 2020) The article explains that the court determined it was appropriate to enjoin claims of “irregularities inContinue reading ““Delaware Supreme Court Finds that Court of Chancery Had Jurisdiction To Enjoin a Collateral Attack on a Prior Arbitration Award Under the Federal Arbitration Act””
“Ninth Circuit to Examine the Reach of Mandatory Employment Arbitration Agreements”
Katherine Galle and David Zwally of Haug Partners LLP have authored this article, available in JD Supra, discussing the upcoming appeal in Balan v. Tesla Motors Inc., No. C19-67 MJP, 2019 WL 2635903 (W.D. Wash. June 27, 2019), addressing the arbitrability of a defamation claim brought by a former employee against her employer. With theContinue reading ““Ninth Circuit to Examine the Reach of Mandatory Employment Arbitration Agreements””
“California appellate court concludes lender’s arbitration provision unenforceable”
Lexology has published this article authored by Buckley LLP, discussing the decision in Maldonado v. Fast Auto Loans, Inc., in which, as the article notes, the arbitration provision conflicted with California statutory rights to injunctive relief.
Court Rejects Arbitration Where It Accepted Employee’s Assertion That He Did Not Sign An Arbitration Agreement That Was Present In His File
Those attorneys who appreciate the importance of developing and presenting detailed factual arguments may enjoy reading the California appellate decision in Fisher v. Bird Rides, Inc., where the court denied an employer’s motion to compel arbitration, finding that the employee did not electronically sign an arbitration agreement. Although the employer produced electronic documents purporting toContinue reading “Court Rejects Arbitration Where It Accepted Employee’s Assertion That He Did Not Sign An Arbitration Agreement That Was Present In His File”
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