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  • Article

    Reinsurer's Summary Judgment Upheld On Motion For Rehearing

    Capitol Life Insurance Co. moved the Court of Appeals for the Fifth District of Texas for rehearing of the court's prior affirmance of summary judgment against Capitol in favor of MetLife Insurance Company USA, ...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    SEC Committee Advocates For Summary Mutual Fund Shareholder Reports

    On December 7, the Investor Advisory Committee of the SEC adopted a recommendation that the SEC seriously explore the development of a summary disclosure document for mutual fund companies ...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Texas And Wisconsin Join List Of States Permitting Domestic Surplus Lines Insurance

    On June 15 and 22, 2017, respectively, the Governors of Texas and Wisconsin approved new laws permitting domestic surplus lines insurers in those states (i.e., insurers domiciled in Texas and Wisconsin)...
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Texas Department Of Insurance Proposes Regulations Implementing Reduced Collateral Credit For Reinsurance Law Passed By Texas Legislature In 2017

    We previously reported on the Texas Legislature's passage in 2017 of Senate Bill 1070, which reduced collateral requirements for foreign reinsurers in order for domestic insurers to receive
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Texas Department Of Insurance Seeks Comments On Reorganized Surplus Lines Insurance Chapter

    The Texas Department of Insurance has proposed to reorganize its Surplus Lines Insurance Chapter 15 in the Texas Administrative Code. The proposed new Chapter 15 can be found here.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    California Court Reverses Order Compelling Arbitration Relating To Legal Malpractice

    Last month, a California appellate court reversed an order compelling legal malpractice claims to arbitration under an arbitration provision found in a business operating agreement.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Court Confirms Arbitrator's Entry Of Interim Preliminary Injunction, Holding That The Award Was Sufficiently "Final"

    This case concerns a 10-year agreement by which plaintiff, an endodontist, contracted to perform consulting services for defendant Dentsply, a business that manufactured and sold endodontic products for the dental industry.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Customer Fails To Satisfy Burden To Vacate FINRA Arbitration Award In Favor Of Its Broker

    Overall, the court found that Global failed to live up to its burden to justify vacating the award on either of the two grounds asserted.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Finds Arbitration Agreement In Employment Application Was Unconscionable

    In this case, Ritarose Capili, a sales associate, brought an action against her former employer The Finish Line, Inc. ("Finish Line"), an athletic retailer in California federal court.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    North Carolina Federal Court Holds That Arbitration Clause Requiring Panel To Render A Decision Within 30 Days Is Not Unconscionable

    In July, a federal court in North Carolina held that an arbitration provision which required the arbitration panel to reach a decision within thirty days of their selection was not unconscionable.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Participation In Litigation To Avoid A Default Judgment Does Not Waive A Party's Right To Compel Arbitration

    An employer did not waive its right to compel arbitration under an employment agreement by seeking to set aside a default in an employment discrimination suit brought against it by its employee.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Second Circuit Rejects Manifest Disregard Of Law As A Basis For Vacating An Arbitration Award

    A panel of the Second Circuit has, in an unpublished summary order, emphasized the high bar that must be cleared by a party seeking to vacate an arbitration award.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Seventh Circuit Reverses Order Compelling Arbitration Of Dispute Between Two Non-Signatories To Arbitration Agreement

    The U.S. Court of Appeals for the Seventh Circuit recently held that state law governs whether a contract's arbitration clause is binding on non-signatories.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Tenth Circuit Affirms Refusal To Compel Arbitration Where Agreements Contained Conflicting Arbitration Provisions

    Mr. Ragab sued two financial companies and a corporate officer for misrepresentation and for violating several consumer credit repair statutes. There were six agreements between the parties...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Texas Federal Court Enforces Arbitration Award Under The New York Convention Despite Jurisdictional Challenge

    Respondent argued against the confirmation of the arbitral award as it was based upon the consent of the parties, rather than a disputed hearing, which it contended made the award...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Third Circuit Upholds Arbitration Agreement In Retail Installment Agreement Between Used Car Buyer And Dealer

    This dispute stemmed from a complaint filed by Edmondson, alleging claims under the Federal Odometer Act and the Magnuson-Moss Warranty Act, as well as state law claims for fraud, in relation to her purchase of a...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    This Week's Florida Appeals: Week of September 3 - 7, 2018

    U.S. Eleventh Circuit Court of Appeals.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    This Week's Florida Appeals – Week of December 4-8, 2017

    U.S. Eleventh Circuit Court of Appeals.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    This Week's Florida Appeals – Week of January 1-5, 2018

    U.S. Eleventh Circuit Court of Appeals.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Worth The Wait?: SCOTUS To Hear Argument On Enforceability Of Class Action Waivers In Employment Contracts During 2017 Term

    As we previously reported, the Supreme Court granted petitions for certiorari in three lawsuits challenging the legality of arbitration agreements that bar workers from pursuing class actions.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields

Showing 141–160 of 1465 results

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