ArticleGood For The Goose, Good For The Gander: Waiver Of A Waiver ObjectionIt is axiomatic that objections not presented to the trial court are deemed waived on appealUnited StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleLondon Maritime Arbitration Association Held To Be A "Foreign Tribunal" Within The Meaning Of 28 U.S.C. § 1782Kleimar N.V., the plaintiff in a London arbitration against defendant Dalian Dongzhan Group Co. Ltd. (Dailan), filed an ex parte application with the New York District Court seeking...United StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleMore Bad News For Uber, This Time From The Southern District Of CaliforniaUber's attempts to defeat a false advertising lawsuit recently failed. United StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleNinth Circuit Joins Sixth, Seventh, And Eighth Circuits In Declining To Impose An "Administrative Feasibility" Requirement For Class CertificationThe Ninth Circuit affirmed certification of putative class actions brought against ConAgra Foods, Inc. ("ConAgra") by consumers who claimed that ConAgra's "100% Natural" labels...United StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleNinth Circuit: Procedural Violations Can Meet Standing TestThis week the Ninth Circuit offered plaintiffs who wish to bring both individual and class actions a potentially broad path to establish Article III standing based on mere allegations of procedural...United StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleNinth Circuit Rules Federal Arbitration Act Is Subject To Equitable Tolling, Permitting Challenge To An Arbitral Award Outside The Time Period Set Forth In The FAAThe Ninth Circuit, as a matter of first impression, ruled that the Federal Arbitration Act ("FAA") is subject to equitable tolling. Plaintiff Move, Inc. ("Move") moved to vacate an arbitration panel's...United StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleTenth Circuit Declines To Disturb Arbitral Award Granting Fees And Costs In Wrongful Death Suit Against Nursing HomeThe Tenth Circuit recently upheld a district court's confirmation of an arbitral award ordering a nursing home ("THI") to pay fees and costs associated with the arbitration of a wrongful death claim.United StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleThird Circuit Rules Arbitration Agreement Included In Product Manual Is UnenforceableThis action involved a class action suit brought in New Jersey federal court.United StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleThis Week's Florida Appeals (Week of February 5–9, 2018)Week of February 5 - 9, 2018.United StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleThis Week's Florida Appeals – Week Of December 25-29, 2017This Week's Florida Appeals.United StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleThis Week's Florida Appeals – Week Of February 19-23, 2018This Weeks Florida Appeals.United StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleTwo Federal Appellate Courts Decline To Find "Evident Partiality" Due To Trivial Omissions In Arbitrator's DisclosuresArgentina appealed, but the appellate court affirmed, reasoning that the company on whose board the arbitrator sat had only trivial interest in the parties, and therefore, the arbitrator's interests in the parties were insignificant.United StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleWhen Objecting Once Is Not Enough: Recognizing A Continuing Duty As The Charges And Verdict Form EvolveOn November 21, 2016, the First Circuit offered practitioners yet another reminder that, as the charges and verdict form evolve through colloquys with the trial judge...United StatesLitigation, Mediation & ArbitrationCarlton Fields
ArticleReal Property & Title Insurance Update: Week Ending January 20, 2017Foreclosure/Vacating Judgment: estate failed to either allege or prove any basis under Rule 1.540 to vacate final judgment of foreclosure to which it had consented – The Bank of N.Y. Mellon v. Estate of Peterson, No. 2D16-2405 (Fla. 2d DCA Jan. 18, 2017) (reversing and remanding for reinstatement of final judgment). United StatesReal Estate and ConstructionCarlton Fields
ArticleReal Property & Title Insurance Update: Week Ending May 12, 2017Foreclosure/Conditions Precedent: plaintiff not required to given notice under section 559.715 as condition precedent to foreclosure, and plaintiff's default notice to borrowers pursuant to paragraph 22...United StatesReal Estate and ConstructionCarlton Fields
ArticleReal Property & Title Insurance Update: Week Ending May 19 & 26, 2017Real Property UpdateUnited StatesReal Estate and ConstructionCarlton Fields
ArticleCourt Finds That Apparently Inconsistent Forum Selection Provisions Do Not Render Arbitration Agreement UnenforceablePlaintiff Fintech Fund, FLP filed an action in federal court in the Southern District of Texas asserting claims under the federal Defend Trade Secrets Act and the Computer Fraud and Abuse Act ...United StatesTechnologyCarlton Fields
ArticleFINRA Fines Firms For WORM ProblemsBroker-dealers, including principal underwriters of insurance products, may retain required records in electronic format, subject to satisfaction of longstanding conditions. United StatesCorporate/Commercial LawCarlton Fields
ArticleSEC Staff Allows Brokers To Set Commissions For Mutual Fund "Clean Shares"The CG Letter effectively allows brokers to compete on commission rates for the sale of mutual funds, as they do for ETFs, subject to certain conditions. United StatesFinance and BankingCarlton Fields
ArticleFlorida Voters Enact Automatic Restoration Of Voting Rights For Floridians With Felony ConvictionsLast night, Floridians voted to pass the Voting Restoration Amendment that is poised to restore voting rights to an estimated 1.5 million Floridians with prior felony convictions.United StatesGovernment, Public SectorCarlton Fields