Searching Content indexed under Arbitration & Dispute Resolution by Smith Gambrell & Russell LLP ordered by Published Date Descending.
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Who Decides Whether Class Action Arbitration Is Available? The Eleventh Circuit Weighs In
In JPay, Inc. v. Kobel, Case No. 17-13611, the United States Court of Appeals for the Eleventh Circuit addressed whether a court or an arbitrator must decide whether a matter could be arbitrated as a class action.
United States
26 Mar 2019
Pet Peeves & Other Four-Legged Disputes
New Yorkers own hundreds of thousands of cats, dogs, farm animals and other pets.
United States
7 Feb 2019
Who Decides Whether Class Arbitration Is Available? The Eleventh Circuit Weighs In
In JPay, Inc. v. Kobel, Case No. 17-13611 (decided September 19, 2018), the United States Court of Appeals for the Eleventh Circuit addressed ...
United States
25 Oct 2018
ConocoPhillips Settles With Venezuela's PDVSA To Recover $2 Billion
U.S. producer ConocoPhillips on Monday said Venezuela's PDVSA agreed to pay $2 billion to settle an arbitration award, suspending a dispute that blocked the state-run oil firm from exporting crude from most of its key Caribbean facilities.
United States
9 Sep 2018
U.S. Supreme Court Upholds Class Action Waivers In Employment Arbitration Agreements
On Monday, May 21, 2018, the U.S. Supreme Court, in Epic Systems Corp. v. Lewis, upheld the enforceability of class action waivers in arbitration agreements between employers and their employees.
United States
24 May 2018
Attempt To Add An Arbitration Clause To A Customer Agreement During Litigation Is Ineffective
The Eleventh Circuit considered whether a bank could invoke an arbitration clause to block litigation when the bank had added the arbitration clause to its customer agreement by amendment while the litigation was in progress.
United States
23 Feb 2018
Following B&B Hardware, TTAB Decision Is Found To Have Preclusive Effect In The Southern District Of New York
The United States District Court for the Southern District of New York held that Defendant Peju Province Winery L.P. ("Peju") is precluded from litigating the likelihood of confusion issue ...
United States
8 Jan 2018
Responding To False, Inaccurate, And Misleading Statements In Business Letters
Technically the failure to timely respond is not an admission against interest because the rule creates a presumption of fact that can be rebutted.
United States
6 Jul 2017
What Happens When The Designated Arbitrator Is Unavailable
The United States Court of Appeals for the Eleventh Circuit decided how a court should respond to an arbitration agreement when the arbitrator designated in the agreement does not exist.
United States
5 Sep 2016
The Importance Of A Well Drafted License And Arbitration Clause
The Patent Act was amended in 1982 to recognize voluntary arbitration for patent disputes relating to validity or infringement and courts have extended the provision to include interference claims...
United States
8 Aug 2016
The Eleventh Circuit Again Favors Arbitration
Bodine v. Cook's Pest Control, Inc., Case No. 15-13233 (decided July 29, 2016), enforced an arbitration agreement in an employment contract. In that case, the Court dealt with the impact of the Uniform...
United States
4 Aug 2016
Court Of Appeals #9
The Court of Appeals finished 2015, and the Lippman era as Chief Judge, deciding an assortment of legal questions.
United States
7 Feb 2016
"Dogfight" In The Court Of Appeals
You may have noticed that I am inexplicably captivated and fascinated by the constant stream of trial court proceedings and appeals involving cats, dogs and other animals.
United States
13 Oct 2015
Settling Wage And Hour Claims In The Second Circuit Is Now More Difficult (And Expensive)
In Cheeks v. Freeport Pancake House, Inc. and W.P.S. Industries, plaintiff Cheeks was a restaurant server and manager who filed claims for, among other things, overtime wages, liquidated damages and attorneys' fees...
United States
14 Sep 2015
Recent Cases Emphasize Clickwrap Basics
Following close on the heels of Savetsky, the U.S. District Court for the Central District of California in Friedman et al. v. Guthy-Renker, LLC, Case No. 2:14-CV-06009-ODW (C.D. Cal. Feb. 27, 2015), reached a similar result.
United States
22 Apr 2015
An Arbitration Agreement Binds A Receiver
A federal court had appointed the appellant, Burton Wiand, as a receiver for six hedge funds that were alleged to have been part of a Ponzi scheme.
United States
18 Feb 2015
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