The New Jersey Law Journal’s Suzette Parmley has authored this article, analyzing recent New Jersey Supreme Court arbitration decisions.
“NJ Supreme Court Enforces Arbitration Agreement Despite Failure to Specify Forum, Arbitrator, & Governing Law”
Those interested in an analysis of the New Jersey Supreme Court’s decision in Flanzman v. Jenny Craig, Inc. may enjoy this article, authored by Mohamed Barry and Patrick McGovern of Genova Burns LLC, and published in JD Supra.
“Nixon Peabody Says Ex-Partners Must Arbitrate Clawback Accusations Against Firm”
This article, by Dan Packel at The American Lawyer, discusses a dispute between Nixon Peabody and five former partners who left the firm and joined DLA Piper. The current issue, arising in the context of a disagreement regarding Nixon Peabody’s efforts to recoup bonuses paid to the departing partners, centers on whether a contractual requirement to mediate as a precondition to arbitration has been satisfied. An affidavit submitted by Nixon Peabody general counsel indicates that, while a mediator had been selected, the mediation did not proceed due to the mediator’s reluctance to hold an in person mediation during the pandemic.
Seventh Circuit Holds That Court Not Authorized To Compel Discovery In Foreign Arbitration
The Seventh Circuit, in Servotronics, Inc. v. Rolls-Royce PLC is the most recent appellate court to weigh in on the question of whether 28 U.S.C. 1782(a) authorizes a judge to compel discovery in a foreign arbitration. As the court noted, the statute “authorizes the district court to order a person within the district to give testimony or produce documents ‘for use in a proceeding in a foreign or international tribunal.'”
In holding that an international arbitration does not constitute “a proceeding in a foreign or international tribunal,” the court reached the same conclusion as did the Second Circuit recently.
For references to recent articles discussing the split among the circuits on this issue, see here and here.
“Mass. Superior Court Affirms Mutual Request for Attorneys’ Fees in Arbitration Can Provide Requisite Legal Basis for Award of Fees”
Lexology has published this article by Brady Hermann of Maurice Wutscher LLP, discussing the court’s decision in Credit Suisse Securities (USA) LLC v. Galli et al.
“CLO’s Wage Arbitration Did Not Bar Employer’s Malpractice Suit Under Res Judicata”
JDSupra has published this article by Novack and Macey LLP, discussing the U.S. District Court decision in UFT Commercial Fin., LLC v. Fisher, No. 19 C 7669; 2020 WL 2513097 (N.D. Ill. May 15, 2020)
“Recent Decisions Spotlight Arbitration Agreements in Online Delivery Service Terms and Conditions”
This article by Stacey Eilbaum of Proskauer, found in JDSupra, begins as follows:
“The global pandemic has brought about countless changes, including, for many households, increased reliance on online retail and delivery services, such as Amazon.
“When consumers sign up for these services or place their orders, they are likely to see a notice regarding terms and conditions, which may include an arbitration agreement pursuant to which the consumer agrees to arbitrate disputes arising from the use of the service, rather than pursue their claims in court.”
“Court Affirmed Arbitration Decision Because Multiple Documents Regarding The Resignation And Appointment Of A Trustee Constituted One Large Transaction”
David Fowler Johnson of Winstead has authored this article in The National Law Review, discussing the Texas appellate decision in Ruff v. Ruff, No. 05-18-00326-CV
“Hollywood Docket: Judge Sends Baseball Fans’ Suit Against Ticketmaster, StubHub to Arbitration”
Ashley Cullins authored this article in The Hollywood Reporter, discussing the U.S. District Court decision in Ajzenman v. Office of the Commissioner of Baseball d/b/a Major League Baseball, granting a motion to compel arbitration.
“Affirmed: ‘Cluttered’ Website Means No Agreement To Arbitrate”
The National Law Review has this article by Paul Besozzi of Squire Patton Boggs, discussing the Second Circuit’s recent decision in Luis Arnaud v. Doctors Associates, Inc. d/b/a Subway, Case No. 19-3057-cv.
Positively Neutral’s discussion of the decision can be found here.
