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Fourth Circuit Reverses Dismissal, Finding Federal Question Jurisdiction For Review Of Arbitral Award
The Fourth Circuit Court of Appeals reversed a Virginia federal court's dismissal of a challenge to an arbitration award.
Carlton Fields
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Louisiana Loses Bid To Vacate Denial Of Reconsideration Of Arbitral Decision In Fema Assistance Dispute
FEMA denied a request by the Louisiana Department of Natural Resources ("LDNR") for assistance restoring barrier islands following Hurricanes Rita and Katrina.Carlton Fields - Article
Ninth Circuit Affirms Application Of Arbitration Clause Found In Amazon's Conditions Of Use
Applying Washington law, the Ninth Circuit Court of Appeals affirmed a California federal court's ruling that Amazon's Conditions of Use (COU) created a valid contract between Amazon...Carlton Fields - Article
Ninth Circuit Holds Putative Class Action ERISA Claims Fall Outside Scope Of Individual Arbitration Agreements
Plaintiffs, current and former employees of the University of Southern California ("USC"), were participants in two USC-sponsored ERISA contribution plans.Carlton Fields - Article
Ninth Circuit Says Plaintiff Might Get Fooled Again
Last week the Ninth Circuit reopened a key avenue in consumer false advertising class actions – injunctive relief. A growing number of trial courts had dismissed those claims, reasoning that plaintiffs...Carlton Fields - Article
Objecting To Violations Of Prior Rulings
Most recognize the well-known rule that, "once a trial court has definitively ruled on an issue on the record, before or during trial, a party need not renew an objection at trial ...Carlton Fields - Article
Objection, Interrupted
It's a cardinal rule that to preserve an argument at trial, counsel must make a contemporaneous objection.Carlton Fields - Article
Second Circuit Affirms Arbitration Award Finding No Disregard Of Merger Agreement Or Manifest Disregard Of Delaware Law
In a summary order, the Second Circuit affirmed a judgment confirming an arbitral award of damages for breach of a merger agreement between respondents Sirona Dental Systems, Inc....Carlton Fields - Article
Second Circuit Affirms Denial Of Arbitration In Case Involving Misappropriation Of Trade Secrets
Medidata brought suit against its competitor, Veeva.Carlton Fields - Article
Second Circuit Enforces Arbitration Agreement In Favor Or Non-Party Whose Agent Entered Into That Agreement
The Second Circuit has affirmed an order compelling a plaintiff-employee to arbitrate his employment related claims against Carnival Cruise Lines, despite the fact that the one page employment agreement ...Carlton Fields - Article
Tenth Circuit Confirms Arbitration Award Against Non-Party Surety
Sujit Ghosh, President of Open Orbit Corporation, entered into a Personal Guaranty for the "full and timely performance of and by" Open Orbit under a Retailer Agreement with DISH Network, LLC.Carlton Fields - Article
Tenth Circuit Strikes Offending Arbitration Provision Clause In Au Pair Agreements
Plaintiffs had entered into various au pair agreements which contained arbitration provisions, which defendants sought to enforce when a class action was filed.Carlton Fields - Article
Third Circuit Vacates And Remands Order Quashing Subpoena Of Documents For Use In Litigation In Germany
The district court quashed the subpoena.Carlton Fields - Article
This Week's Florida Appeals: Week Of December 10 - 14, 2018
U.S. Eleventh Circuit Court of Appeals.Carlton Fields - Article
This Week's Florida Appeals: Week Of October 16-20, 2017
This Week's Florida Appeals: Week of October 16-20, 2017.Carlton Fields - Article
This Week's Florida Appeals – Week Of January 8-12, 2018
Week of January 8 - 12, 2018Carlton Fields - Article
This Week's Florida Appeals – Week Of July 2-6, 2018
U.S. Eleventh Circuit Court of AppealsCarlton Fields - Article
This Week's Florida Appeals – Week Of October 23-27, 2017
U.S. Eleventh Circuit Court of AppealsCarlton Fields - Article
23 Attorneys General Challenge FCC Ruling On Net Neutrality
On June 11, the FCC's Restoring Internet Freedom Declaratory Ruling, Report and Order, and Order, 33 FCC Rcd. 311 (2018) (the "Order") took effect.Carlton Fields - Article
California Court Grants § 1782(a) Application Seeking Subscriber Identity For Facebook Page Following Amendment Of Application
Hoteles City Express sought an order granting it permission to issue a subpoena to obtain documents from non-party Facebook, Inc. to show the subscriber identity for a Facebook page allegedlyCarlton Fields
