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Your search for ‘Carlton Fields’ returned 1,465 results

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  • Article

    Fifth Circuit Affirms Court's Authority To Rule On Question Of Arbitrability And Finds Injunctive Relief Was Not Subject To Arbitration

    A Texas federal court determined that, pursuant to the parties' contract, the dispute was not arbitrable because the plain language of the arbitration clause expressly excluded suits that involved requests for injunctive relief, ...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Fourth Circuit Refuses To Vacate FINRA Arbitration Award, Despite Party's Claim That It Had No Opportunity To Participate In Selection Of Arbitrators And Challenges To Damages Calculation

    UBS Financial Services' motion to vacate a FINRA arbitration award was denied, despite its claims that the panel was improperly chosen and that the panels damages award was flawed...
United States
Litigation, Mediation & Arbitration
Carlton Fields
Carlton Fields
  • Article

    Gentlemen's Club Cannot Compel Arbitration Where It Actively Litigated Merits Of Dispute

    The Fourth Circuit upheld a district court's decision refusing to compel arbitration in a labor dispute between a gentlemen's club ("Crazy Horse") and a putative class of entertainers because of Crazy Horse's extensive merits-based litigation conduct.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Illinois Federal Court Denies Motion To Transfer Where Contracts Entered Into And Party Located In Illinois

    Earlier this month, a federal court in Illinois denied a motion to transfer a case to California. The motion arose out of a reinsurance dispute between the R&Q Reinsurance Company and American Insurance Company.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    MDL Litigation: Class And Complex Cases To Watch In 2018

    The MDL Panel also consolidated 64 individual actions by various state and local government entities against manufacturers and distributors of opioid drugs for pretrial purposes in the Northern District of Ohio.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Motions For Directed Verdict: Failure To Move Is At Your Peril!

    The Western District of Pennsylvania denied the plaintiff's post-trial motion.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    New York District Court Flushes Nationwide Class, Permits New York Classes To Go Forward

    As such, the court limited its certification to three New York classes, two in the present case and one in a related case.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Affirms Arizona Federal Court's Order Denying Petition To Vacate Arbitration Award As Untimely

    The Ninth Circuit ruled that Miner had not acted with due diligence because it admitted that it discovered that information by searching the internet, which was readily available to it during the limitations period.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Affirms Montana District Court's Order Confirming Arbitration Award

    This case involves an appeal to the Ninth Circuit Court of Appeals by Appellants Schilling Livestock, Inc., Kenneth Schilling and Lesley Schilling (collectively, the "Schillings") ...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Affirms Order Compelling Arbitration Of Putative Class Action, Despite Litigation Forum Selection Clause In Related Contract

    Two purported class representatives appealed an order compelling arbitration in their putative class action lawsuit against Amazon Services, LLC.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Reverses District Court Decision On Unconscionability Of Dispute Resolution Agreement, Severs Problematic Provisions

    The Ninth Circuit reversed a district court's finding that a dispute resolution provision ("the Provision") of an employment agreement was substantively and procedurally unconscionable...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Upholds Lower Court Rulings On Nurse Staffing And Work Break Arbitration Awards

    The Ninth Circuit recently decided two cases related to arbitration awards arising out of a settlement agreement between the Washington State Nurses Association (WSNA) and MultiCare Health System governing nurses' breaks and staffing plans.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    No Treat For CFPB: Trump, Congress Override Rule On Class Action Waivers

    On November 1, President Trump signed legislation disapproving a CFPB rule designed to prohibit class action waivers in certain consumer financial services contracts.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Procedural Provision Of FAA Inapplicable In California State Court Action When Arbitration Agreement Is Silent On Choice Of Law Or Procedures

    On appeal, defendant argued that the FAA's procedural provisions should apply, because the arbitration agreement said nothing about choice of law.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Reservation Canceled! Court Strikes Class Allegations Against American Airlines

    The Northern District of Illinois recently granted defendant American Airlines' motion to strike class allegations in a passenger's breach of contract suit brought after American cancelled plaintiff's
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    SDNY Confirms Arbitration Award Under FAA And The New York Convention Despite Award Being Silent On Tax Liability

    An arbitration award required respondent to pay a series of royalty payments, audit costs and interest, but did not address either party's tax obligations.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Second Circuit Finds Arbitrator Did Not Commit A Manifest Disregard Of The Law In Dispute Over Construction Work At The Whitestone Bridge

    In a dispute between a construction company hired by New York State to replace a portion of the Whitestone Bridge and a steel company regarding the timeliness of certain deliveries related to the project...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Second Circuit Upholds Confirmation Of Mexican Arbitration Award And Denial Of Comity To A Contrary Mexican Judgment

    On December 12, 2013, we reported on a United States District Court's confirmation of a roughly $400 million Mexican arbitration award entered against an oil company affiliated with the Mexican government.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Seventh Circuit Approves Cy Pres Settlement

    We previously reported on the uncertainty of cy pres settlements in class action lawsuits. Although the Supreme Court granted cert on the issue, the Seventh Circuit weighed in during the interim ...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Sixth Circuit Affirms Arbitrator's Decision In Environmental Remediation Matter

    The Sixth Circuit has affirmed an order confirming an arbitration award regarding indemnification obligations for environmental cleanup owed by William Farley toward the Eaton Corporation...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
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