Category Archives: Uncategorized

With the extensive move toward Zoom and other online arbitrations, what can be done to compel the video attendance of witnesses? This article by Gaela Normile of Vandeventer Black LLP, published on JD Supra, provides an answer, against the backdrop of the Eleventh Circuit’s decision in Managed Care Advisory Grp., LLC v. CIGNA Healthcare, Inc.,Continue reading ““Virtually Impossible: Eleventh Circuit’s Denial of Non-Parties Attending Arbitration Hearings Via Video or Telephone””

Nora Valenza-Frost of Carlton Fields offers this perspective, available in JD Supra, on the court’s decision in Jackson, et al. v. The Aliera Companies, Inc., vacating its prior decision denying a motion to compel arbitration and finding that the movants did not waive their rights to arbitrate.

Two recent decisions have independently held that the failure of a party to advance fees in accordance with American Arbitration Rules will preclude the party from continuing with arbitration. In one of these matters, the Alabama Supreme Court reversed a lower court’s order compelling arbitration of claims brought by an employee who joined the defendantContinue reading “Failure To Follow AAA Rules Precludes Right To Pursue Arbitration”

COVID-19 claims are beginning to emerge in an arbitration context. In Fitzgerald v. Grand, Circle, LLC d/b/a Overseas Adventure Travel, a U.S. District Court addressed the cancellation of a cruise due to the pandemic. The passengers, upset at the cruise lines willingness to provide an opportunity to reschedule the trip but not a refund, broughtContinue reading “Cruise Ship Passengers Whose Trip Was Cancelled Due To Covid Required To Arbitrate Their Claim For A Refund”

By a 2-1 vote, a Washington Court of Appeals determined that an Authorized Representative of Sprint must arbitrate claims even though the representative commenced litigation only after Sprint declined requests to mediate in accordance with the parties’ agreement. In Pagecom, Inc. v. Sprint Solutions, Inc., the majority held that the occurrence of a mediation afterContinue reading “Divided Court Requires Arbitration”

Angela Kleine and Neil Tyler of Morrison & Foerster LLP have authored this article in Lexology. According to the article, “[t]hese cases all underscore the importance of paying careful attention to the drafting and presentation of arbitration provisions. Even seemingly minor differences in drafting and approach can result in disputes being heard outside their intendedContinue reading ““Arbitrating Arbitrability: Three Recent Appellate Decisions on Delegation Clauses in Arbitration Agreements””

In Neal v. Navient Solutions, LLC, the Eighth Circuit Court of Appeals reversed the lower court, holding that a student loan borrower’s claims against the loan servicer must be arbitrated even though the servicer was neither a party to the loan agreement nor specifically referenced by the terms of the loan agreement. The agreement providedContinue reading “Loan Servicer Can Compel Borrower To Arbitrate”

JD Supra has published two articles authored by practioners at Miles Mediation & Arbitration that offer practitioners sophisticated insights into mediation process and techniques. Nigel Wright is the author of “How does BigLaw Resolve Commercial Litigation Cases in Mediation?”, from which all litigating attorneys will benefit. “Mediation Strategies to Overcome Bias, Prejudgments and Assumptions,” writtenContinue reading “Mediation Insights”

Donald Frederico of Pierce Atwood LLP provides insight into the differentiating factors for mediating class action matters in this article available through Lexology.

“On September 14, 2020, the United States Court of Appeals for the Third Circuit unanimously ruled in MZM Construction Co. Inc. v. New Jersey Building Laborers’ Statewide Benefit Funds, Nos. 18-3791 & 19-3102, (3d Cir. Sept. 8, 2020) that judges – not arbitrators – decide the gateway question of arbitrability if one party disputes having everContinue reading ““Third Circuit Rules that Courts – Not Arbitrators – Decide the Threshold Question of the Existence of an Agreement to Arbitrate where the Validity of the Underlying Agreement is in Doubt””