Category Archives: Uncategorized

Perry Street Software, Inc. v. Jedi Technologies, Inc., decided by the Southern District of New York, presents a creative–if not winning–argument by the creator of a dating app in its attempt to force a patent infringement claim into arbitration. The dating app creator discovered that the claimant’s counsel had downloaded the app under the nameContinue reading “Attorney’s Visit To Dating App Did Not Trigger Obligation To Arbitrate Client’s Patent Claim”

JD Supra has published this article by Marc Isserles of JAMS, positing that “[t]he COVID-19 pandemic has been a catalyst for the multi-stage mediation process, both because the shift to videoconference mediations has required experimentation, and because the technology facilitates asynchronous engagement.” 

Michael Wolgin of Carlton Fields has authored this article, available in JD Supra, discussing the court’s recent decision in Diverse Enterprises, Limited Company, L.L.C. v. Beyond International, Inc., affirming an award of attorneys’ fees based on a multiplier.

Lexology has published this article by Sylvia Rivera of Morrison & Foerster LLP, which poses the following question: “If a company enters an arbitration agreement with a consumer, can its future affiliate companies enforce the arbitration agreement even though the affiliate relationship did not exist at the time the consumer signed the agreement?”

In Shirley v. FMC Technologies, Inc., a Magistrate Judge in the U.S. District Court for the Western District of Texas recommended the confirmation of an arbitrator’s award over objections that the parties’ agreement did not authorize him to address the dispute between the parties. As the court explained, the arbitration provision undeniably empowered the arbitratorContinue reading “Federal Court Emphasizes Powers Granted To Arbitrator”

Christina Gallo of Carlton Fields offers this take in JD Supra on the Seventh Circuit’s recent decision in Servotronics, Inc. v. Rolls-Royce PLC and the Boeing Company.

Law.com has published this article by Conor B. Dugan of Warner Norcross + Judd, discussing the court’s decision in Blanton v. Domino’s Pizza Franchising, No. 19-2388. As Mr. Dugan explains, the court held that “an arbitration agreement that incorporates the American Arbitration Association’s National Rules of Resolution of Employment Disputes gives ‘clear and unmistakable’ evidence thatContinue reading ““Sixth Circuit: Incorporation of AAA’s Rules Is Clear Evidence Parties Agreed to Arbitrate Whether a Dispute is Arbitrable””

This insightful article by Dr. Kark Mackie of CEDR, recently published on Lexology , discusses the following: Inadequate Preparation The Wrong Team Clients who are Blind to their Risks in Litigation Overconfident Advisers and Experts Tactical Failures and Glass Half-Full

The court’s decision in Major League Baseball Props., Inc. v. Corporacion de Television y Microonda Rafa, S.A., Case No. 1:19-cv-8669-MKV (S.D.N.Y. Sept. 14, 2020) is the subject of this JD Supra article by Benjamin Stearns of Carlton Fields.

The Georgia Court of Appeals has granted a motion to compel arbitration of claims brought by an individual who suffered serious injuries on a trampoline when he was seventeen years old and forged his father’s signature on a click-through agreement. The court rejected claims that the agreement to arbitrate was unenforceable because executed by aContinue reading “Arbitration Agreement Executed By Injured Teenager Is Enforceable”