LexisNexis® Legal Newsroom
Foley Hoag Will Open Paris Office, Expand International Litigation And Arbitration Practice

BOSTON - Leading international litigation and arbitration lawyers Bruno Leurent and Thomas Bevilacqua will open Foley Hoag in Paris, giving Foley Hoag LLP its first overseas office and expanding its renowned International Litigation and Arbitration Practice Group to one of the world's centers of...

Litigator Sherry C. Dickman Joins Miami Office Of McDonald Hopkins Law Firm

CLEVELAND - Sherry C. Dickman has joined the new Miami office of McDonald Hopkins LLC, a business advisory and advocacy law firm with more than 130 attorneys. Dickman is a seasoned litigator who specializes in international litigation and arbitration, commercial and financial services litigation and...

Ballard Spahr LLP: 11th Circuit Weighs In On AT&T Mobility v. Concepcion

By the Consumer Financial Services Group As previously reported , in AT&T Mobility LLC v. Concepcion the U.S. Supreme Court on April 27, 2011, held that the Federal Arbitration Act (FAA) preempts California law classifying most class action waivers in arbitration agreements as unconscionable....

Duane Morris LLP: New Jersey Appeals Court Distringuishes Supreme Court Ruling On Arbitration Clauses Barring Class Action Lawsuits

The New Jersey Appellate Division ruled-despite the recent U.S. Supreme Court decision in AT&T Mobility LLC v. Concepcion -that binding arbitration clauses in consumer contracts that bar class-action suits still may be subject to challenge if they are poorly worded and contain contradictory language...

Ballard Spahr LLP: 3rd Circuit Finds FAA Preempts N.J. Law On Class Action Waivers

By the Consumer Financial Services Group In the first federal appeals court decision to apply AT&T Mobility LLC v. Concepcion to a non-AT&T Mobility arbitration agreement, the U.S. Court of Appeals for the Third Circuit has held that the Federal Arbitration Act (FAA) preempts New Jersey...

2011 Fulbright Litigation Trends Survey: A Little Less Litigation; More Regulation

Businesses in the United States and United Kingdom initiated and faced slightly less litigation in 2011 than in 2010. But regulatory actions and internal investigations are climbing, according to the 2011 Fulbright Litigation Trends Survey . More than one-third of corporate counsel report there...

How Your Elected Legislators Have Chiseled Away Your Legal Rights

By Keith Ecker, a reporter for Lawyers.com, www.lawyers.com/our-blog There is a battle being fought at the highest levels of government over your right to file a medical malpractice or defective drug lawsuit. On the one hand are pro-business groups that seek protection from crippling multi-million...

California Court Avoids Concepcion By Striking Arbitration Agreement Without Considering Class Action Waiver

A recent decision by the California Court of Appeal underscores the importance of making arbitration provisions with class action waivers as consumer-friendly as possible - even after the U.S. Supreme Court's landmark ruling in AT&T Mobility v. Concepcion, which held that state laws barring the...

Credit Act's Silence On Arbitration Means Claims Must Be Arbitrated, High Court Rules

WASHINGTON, D.C. - (Mealey's) Because the Credit Repair Organizations Act (CROA) does not specifically state whether claims brought pursuant to the act are eligible for arbitration, the Federal Arbitration Act (FAA) requires an arbitration agreement in a credit card agreement "to be enforced...

D.C. Circuit Vacates $185 Million Arbitration Award Against Argentina

WASHINGTON, D.C. - (Mealey's) A U.S. appeals court on Jan. 17 vacated a district court's confirmation of a $185,285,485.85 arbitration award issued by a foreign tribunal against the Republic of Argentina and in favor of an English distribution company, finding that the arbitration panel failed...

3 U.S. Supreme Court Class Action Decisions And Their Impact On The Insurance Industry

By Wystan Ackerman, Partner, Robinson & Cole LLP This commentary by Wystan Ackerman analyzes the three decisions issued by the U.S. Supreme Court on class actions in 2011, with a focus on their impact on the insurance industry: Wal-Mart Stores, Inc. v. Dukes , AT&T Mobility, LLC v. Concepcion...

Ballard Spahr LLP: Concepcion Mandates Individual Arbitration Even When Statutory Rights Cannot Be Vindicated, 3rd Circuit Holds

By the Consumer Financial Services Group The U.S. Supreme Court's decision in AT&T Mobility LLC v. Concepcion , 131 S. Ct. 1740 (2011) [ enhanced version available to lexis.com subscribers ], obligates courts to compel individual arbitration even where the plaintiff has proven that doing so...

Fulbright Briefing: In Mixed Ruling, California Court Addresses Interplay Between Arbitration and Choice-of-Law Provisions in Customer Agreements

By Ellen Bush Sessions , Eric A. Herzog and Spencer Persson In a recent decision with implications for broker-dealers and other companies that do business in California, the California Court of Appeal considered whether the Federal Arbitration Act (FAA) (9 U.S.C. sections 1-16) preempted application...

North Carolina Business Court Finds Defendant Waived Right To Compel Arbitration After Class Action Certified

You probably remember the earlier opinion in Elliott v. KB Home, Inc. , in which Judge Jolly certified a class action against the homebuilder KB Home over the improper installation of HardiePlank siding. Last week, the Business Court ruled in another opinion in the case ( 2012 NCBC 55 ) that KB Home...

Complimentary CLE Webinar: Doing Business in China: A Legal & Business Overview for In-House Teams

China continues its ascent as a world economic power, rocketing to the position of #2 on the world business stage with an average annual GDP growth rate of 10%. Doing business with Chinese companies-or simply doing business alongside or in competition with Chinese companies in the global marketplace...

Fulbright's 9th Annual Litigation Trends Survey: Litigation Bounces Back; Regulation Hits High

Companies in the United States and United Kingdom dealt with more litigation while regulatory investigations reached a five-year high, according to Fulbright's 9 th Annual Litigation Trends Survey . After a one-year decline, litigation rose to 2010 levels as businesses on both sides of the Atlantic...

High Court Hears Arguments On Validity Of Arbitration Clause In Antitrust Action

WASHINGTON, D.C. - (Mealey's) American Express Co. (AmEx) told the U.S. Supreme Court on Feb. 27 in oral arguments that the Second Circuit U.S. Court of Appeals erred in ruling that a mandatory class action waiver clause in AmEx's standardized service contract violated the Federal Arbitration...

Supreme Court Hears Arguments In Health Care Class Arbitration Dispute

WASHINGTON, D.C. — The U.S. Supreme Court on March 25 heard oral arguments to address whether, in a dispute over a health insurer’s reimbursement of physicians’ claim, an arbitrator acted within his authority in determining that the dispute could proceed as a class arbitration Oxford...

U.S. Supreme Court To Rule On Precondition To Arbitration Issue

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 10 granted a petition for writ of certiorari filed by a U.K. investor in a dispute with the Republic of Argentina over whether courts, rather than arbitrators, should decide whether a precondition to arbitration has been satisfied ( BG...

Federal Judge Confirms $400 Million ICC Award, Finds Mexican Court Erred

NEW YORK — (Mealey’s) A New York federal judge on Aug. 27 granted a Mexican corporation’s request to confirm an approximately $400 million arbitration award that was issued in its favor in a dispute over contracts for the construction of offshore platforms, finding that a Mexican court...

Abbey Spanier LLP: JPMorgan Loses Bid to Prohibit Class Arbitrations

A California federal judge denied JPMorgan’s motion to compel arbitration on an individual basis. Two former JPMorgan employees filed a class action complaint alleging violations of state and federal labor laws on behalf of JPMorgan appraisers. As part of their employment, plaintiffs entered into...

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’...

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 (...

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...