Category Archives: Uncategorized

Chief United States District Judge Lee Rosenthal tackled thorny arbitration questions arising out of a dispute between two physicians and a law firm they engaged to provide tax advice and tax shelters. As Chief Judge Rosenthal succinctly summarizes: “The result ispiecemeal presentations before three different arbitrators. It is not efficient, and certainly not pretty, butContinue reading “Federal Court Sorts Out Arbitration Dispute Between Doctors And Lawyers”

JD Supra has this article authored by Benjamin Stearns of Carlton Fields, discussing the decision in Precision Castparts Corp. v. Schulz Holding GmbH & Co. KG, No. 1:20-cv-03029 (S.D.N.Y. July 20, 2020).

The potential for a paradigm change toward online mediation in light of the necessities brought about by COVOID-19 is the subject of these two articles: “Back To The Future – Where Does Mediation Go From Here?,” authored by Richard Byrne of National Arbitration and Mediation, and found here on JD Supra. “VIEW: Online mediation forContinue reading “Perspectives On Online Mediation”

The decision of the U.S. Court of Appeals for the District of Columbia Circuit in National Weather Service Employees Organization v. Federal Labor Relations Authority is the subject of this article by Erich Wagner in Government Executive.

The New York Times has published this article discussing a decision by Judge Jed Rakoff.

“Menendez, Banking and Finance Dems Urge C4 Negotiators to Ban Arbitration Clauses Attached to Needed Benefits.” See this article in Insider NJ.

Amtrak passengers’ litigation challenge to an arbitration requirement has been rejected by a federal court as speculative. Amtrak added the provision to its terms of service last year, prompting two passengers to sue, alleging that the requirement is ” unconstitutional and unlawful in several ways.” Amtrak’s motion to dismiss, was granted in view of theContinue reading “Court Dismisses Amtrak Passengers’ Challenge To Arbitration Requirement As Speculative”

The Mississippi Supreme Court has reversed a lower court’s denial of a motion to compel arbitration of an investor client’s claims against her brokerage company. The Supreme Court held that an arbitration customer executed between the customer at the time she opened her account could be enforced by a successor investment company that acquired theContinue reading “Successor Brokerage Firm Entitled To Arbitrate Customer Claims Against Predecessor”

The South Carolina Court of Appeals held that an arbitration agreement between a deceased grandmother and nursing home does not require a granddaughter’s personal claims against the nursing home be arbitrated, since the granddaughter was not a signatory to the agreement. The claims arose out of her discovery of her grandmother’s body after she wanderedContinue reading “Granddaughter’s Emotional Distress Claims Against Nursing Home Not Subject To Arbitration”

Brendan Cooley of Carlton Fields has this article in JD Supra, discussing the court’s decision in Trout v. Organización Mundial de Boxeo, Inc., No. 19-1068 (1st Cir. July 10, 2020), which begins as follows: “The First Circuit vacated an order compelling arbitration after finding that the arbitrator selection clause was unconscionable. The court nevertheless remandedContinue reading ““First Circuit Vacates Order Compelling Arbitration Over Arbitrator Selection Clause””