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Arbitration gavel

Ballard Spahr LLP: 3rd Circuit Holds That Courts, Not Arbitrators, Should Rule On Classwide Arbitration

By Steven W. Suflas, Alan S. Kaplinsky, Mark J. Levin, Burt M. Rublin, and Michelle M. McGeogh In Opalinski v. Robert Half International, Inc. [ enhanced opinion available to lexis.com subscribers ], the United States Court of Appeals for the Third Circuit held that where an arbitration clause is...

Ballard Spahr LLP: Website Hyperlink Alone Does Not Establish User’s Assent to Arbitration Agreement, 9th Circuit Holds

By the Consumer Financial Services Group In a case intersecting the 89-year-old Federal Arbitration Act (FAA) and the digital era, the Ninth Circuit has ruled that a consumer who did not read the company’s terms of use when ordering a product on its website was not bound by the terms’...

Customer, Not Applicant, Deemed Initial Physical Aggressor Despite Lack of Physical Contact: Cal. Comp. Cases September Advanced Postings (9/11/2014)

Here are the second and third batches of advanced postings for September 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. Hanover Insurance Group/Hanover...

Mindful Case Management

By Dennis Cusack We recently litigated and successfully settled an insurance coverage case that offers a model for managing a case thoughtfully. Too often, parties reflexively dive into litigation with its procedural hurdles and delays, unbounded discovery, and often unnecessary motion practice, without...

California Enacts New Laws Attacking Arbitration and Arbitration Agreements

On the last day to sign or veto bills this legislative session, California’s Governor signed into law two bills clearly aimed at attacking and limiting arbitration and arbitration agreements in California. The first, AB 2617 , prohibits mandatory, pre-dispute arbitration agreements in contracts...

U.S. High Court Refuses To Review Arbitration Ruling Arising From Crop Damage

WASHINGTON, D.C. — (Mealey's) The U.S. Supreme Court today rejected a nursery insured’s request to review the 11th Circuit U.S. Court of Appeals' refusal to vacate an arbitration award in favor of insurers in a coverage dispute over the insured's crop damage ( Campbell's Foliage...

U.S. Supreme Court Denies Cert For Celebrity Cruise Line Workers

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Oct. 6 denied a petition for writ of certiorari filed by a group of Indian state room workers for a cruise line who sought review of a federal judge’s decision to dismiss their case to vacate an arbitration award as untimely (...

Is Arbitration Okay Under the Miller Act? It Is if You Don’t Object

I have discussed both payment bond claims under the Miller Act and alternate dispute resolution (ADR) here at Construction Law Musings on many an occasion. A question that is sometimes open is what to do when there is contractually mandated arbitration for claims “relating to the contract or the...

Babst Calland: New Supplementary Rules for Fixed Time and Cost Construction Arbitration Have Been Developed by the American Arbitration Association

By Dylan B. Spadaccino, Esq. Arbitration has historically been the preferred method for resolving construction disputes in the United States, as many in the industry have (1) preferred the idea of having complex construction disputes decided by someone with construction-specific experience and expertise...

December Publication for Insurance Law’s Authoritative Source! New Appleman on Insurance Law Library Edition, Volume 12 – Litigation, Arbitration and Settlement

The New Appleman on Insurance Law Library Edition will launch its new Volume 12 in December. It is devoted to litigation, arbitration and settlement of insurance coverage disputes and is written by nationally known experts in insurance coverage litigation, including Laura A. Foggan , Lorelie S. Masters...

FINRA Issues Guidance Notice on Confidentiality Provisions in Settlement Agreements and the Arbitration Discovery Process

by Jeff Kern and Manuel F. Gomez In Regulatory Notice 14-40 , FINRA reminds members that it is a violation of FINRA Rule 2010 (Standards of Commercial Honor and Principles of Trade) to incorporate into a settlement agreement a confidentiality provision restricting or prohibiting a customer or other...

DLA Piper: Binding Arbitration in Managed Care Contracts - 6 Tips to Tailor Your Dispute Resolution Provisions

By Stephen L. Goff and John Barnes The Affordable Care Act is moving millions of previously uninsured patients into commercial managed care health plans. As the healthcare system grapples with complexity of this shift, the size of disputes between healthcare providers and managed care payers, in terms...

New Supplementary Rules for Fixed Time and Cost Construction Arbitration Have Been Developed by the American Arbitration Association

By Dylan B. Spadaccino, Esq. Arbitration has historically been the preferred method for resolving construction disputes in the United States, as many in the industry have (1) preferred the idea of having complex construction disputes decided by someone with construction-specific experience and...

To Require Arbitration or Not To Require Arbitration

Many, if not most, construction contracts that I review during the course of my practice day include a mandatory arbitration clause. Most of these refer in a blanket manner to AAA Construction Industry Rules. The topic for this post is not whether such clauses are enforceable or whether they are one...

Appellate Division Holds That Trial Court Had the Right To Decide If Foreclosure-Related Dispute Was Arbitrable, But Decided It Wrong

By Peter J. Gallagher ( @pjsgallagher ) Most of the current litigation over foreclosures has played out in the courts, but a recent decision from the Appellate Division, Banquez v. Deutsche Bank National Trust Company, [ enhanced version available to lexis.com subscribers ], involved a foreclosure...

Florida: Arbitration Clause in Employment Contract Binding in Former Employee’s Retaliatory Discharge Claim

An employment agreement that required arbitration of all employment disputes between a staffing company and a truck driver did not violate public policy by requiring that the driver’s claim of retaliatory discharge be submitted to arbitration, rather than be determined by a court, held a Florida...

Construction Law 2014: A Year in Review – RESCHEDULED DUE TO WEATHER

Due to the weather for Thursday, March 5, 2015, Babst Calland’s Construction Law 2014: The Year in Review seminar has been rescheduled and will now be held on Wednesday, March 25, 2015. We apologize for any inconvenience this may cause you, and we hope that you will be able to join us on this new...

California Official Medical Fee Schedule: Another Death of the Extraordinary Circumstances Exception Post-2004

Another WCAB panel finds that the extraordinary circumstances exception in the OMFS has died post-2004 In Garcia v. E Recycling of California, Zurich North America , 2015 Cal. Wrk. Comp. P.D. LEXIS –-, a WCAB panel rescinded the WCJ’s finding that the lien claimant Western Medical Center...

The Anatomy of a Construction Dispute Stage 3- The Last Straw

Over the past two weeks here at Construction Law Musings, I’ve discussed the first two stages of a typical construction dispute (if such a thing exists): the claim , and how to bring heat short of litigation/arbitration . As promised, this week I’ll be discussing the next step or “last...

New Rapid Arbitration Available in Delaware

New legislation was recently passed in Delaware to provide a procedure for expedited arbitration of business disputes. The key features of the new law, called the Delaware Rapid Arbitration Act, include: • T he decision of the arbitrator must be made within 120 days • Appeals are made...

Anatomy of a Construction Dispute- An Alternative

Over the past three weeks, I’ve discussed three “stages” of a construction dispute from the claim , to how to increase the pressure for payment, to the litigation . While these three steps are all too often necessary tools in your construction collection arsenal, they are expensive...

Anatomy of a Construction Dispute- A Wrap Up

Over the past four weeks, I’ve “mused” on the “stages” of a construction dispute. What started as a kernel of thought in my mind turned into what has seemed to be a popular set of four posts that I hope were both informative and interesting. Because of the great feedback...

The Innovative Online Arbitration Evaluation Tool: CaseXplorer Arbitration

This article describes the new online arbitration case evaluation tool, CaseXplorer® Arbitration™. It covers the value of a mock arbitration process and the cost and time savings that this new, online process brings to lawyers and their clients. CaseXplorer® Arbitration™ is a collaboration...

The Innovative Online Arbitration Evaluation Tool: CaseXplorer Arbitration

This article describes the new online arbitration case evaluation tool, CaseXplorer® Arbitration™. It covers the value of a mock arbitration process and the cost and time savings that this new, online process brings to lawyers and their clients. CaseXplorer® Arbitration™ is a collaboration...