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

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  • Article

    South Carolina Federal Court Orders Separate Trials Of Primary And Third-Party Claims In Reinsurance Trust Investment Dispute

    A federal district court in South Carolina recently granted motions to bifurcate a trial involving various claims, crossclaims, and counterclaims between an insured, reinsurers, and a reinsurance agreement trustee.
    United StatesInsurance
    Carlton Fields
    Carlton Fields
  • Article

    Arbitration Agreement Selecting Maryland Law Held Unenforceable As To Private Attorney General Claims Brought Under California Law

    A choice of law provision within an arbitration agreement selecting Maryland law was held unenforceable in so far as it would result in waiver of claims under the California Private Attorneys General Act...
    United StatesLitigation, Mediation & Arbitration
Carlton Fields
Carlton Fields
  • Article

    Court Affirms Arbitration Award, Finding No Violation Of Due Process Where Party Elected Not To Present Certain Evidence

    Wilson, a former salesperson for Oracle, had unsuccessfully appealed the amount of her commission through Oracle's internal compensation review process.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Court Must Rule On Motion To Compel Arbitration First

    Plaintiff sued his former employer in a putative class action alleging that a payroll practice violated Pennsylvania law.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Eleventh Circuit Affirms District Court's Confirmation Of Arbitration Award, Finding That Arbitrator's Refusal To Postpone Hearing Does Not Warrant Vacatur Under The Federal Arbitration Act

    The background of this case is as follows. CM South East Texas Houston LLC and South East Texas KCH Co. LLC asserted breach of contract claims against CareMinders Home Care Inc.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    First Circuit Finds FAA Applicability A Question For Court And Holds FAA Exemption Applicable To Independent-Contractor Relationship

    The case presented two issues to the court: 1) whether a court must determine the applicability of the FAA to the case when asked to compel arbitration, where parties delegated questions of arbitrability...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    First Circuit Holds Online Mandatory Arbitration Agreement Is Unenforceable

    The plaintiffs then filed an appeal to the First Circuit.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Florida Appeals – Week of February 27 – March 3, 2017

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

    Fourth Circuit Finds Employer Cannot Compel Arbitration Of Former Employee's Discrimination Claims

    The U.S. Court of Appeals for the Fourth Circuit recently ruled that two employment-related arbitration clauses did not "clearly and unmistakably" govern a former employee's ...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    In Deepwater Horizon Arbitration, UK Appellate Court Declines To Remove Arbitrator With Multiple Related Appointments

    The underlying case concerned the 2010 explosion and fire on the Deepwater Horizon oil rig in the Gulf of Mexico, when a well which was in the process of being plugged and temporarily abandoned, experienced a blow out.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Party Cannot Appeal Decision That District Court Did Not Make Regarding Motion To Vacate Arbitration Award

    The Sixth Circuit has declined to rule on a motion to vacate an arbitration award, which was brought at the same time as a successful motion to dismiss the action for forum non conveniens...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Sixth Circuit Affirms Ohio Federal Court's Ruling Denying Motion To Compel Arbitration Because Arbitration Clause In An Expired And Disputed Contract Was Not Enforceable

    This case involves a dispute between Shandong Linglong Tire Co. Ltd., a Chinese tire manufacturer, its Thai and U.S. subsidiaries (collectively, "Linglong") and Horizon Tire, Inc...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Sixth Circuit Finds That Compelling Arbitration Does Not Impair State Interest In Exclusive Jurisdiction Over Matter Already Removed To Federal Court

    The case arose out of the insolvency of the Kentucky Health Co-op, a non-profit health insurance company.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    The FAA's Presumption In Favor Of Arbitration Does Not Require Arguable Ambiguities In Arbitration Agreements To Be Interpreted As "Broadly As Possible"

    In a dispute over the scope of a mandatory arbitration provision, the Sixth Circuit rejected the argument that it is required by the Federal Arbitration Act's presumption ...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Third Circuit Affirms Denial Of Class Certification Because Expert's Exclusion Of Relevant Data From Analysis Of Classwide Antitrust Impact Precluded A Finding Of Predominance

    The Third Circuit affirmed an order denying class certification because the plaintiffs failed to provide sufficient evidence of classwide antitrust impact...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    This Week's Florida Appeals – Week of July 3-7, 2017

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

    Too Fast And Furious: Ninth Circuit Unwinds Hyundai And Kia Nationwide Class Action Settlement

    In a split panel, the Ninth Circuit Court of Appeals reversed a district court's certification of a nationwide class action settlement because the lower court failed to conduct a sufficient predominance inquiry under Rule 23(b)(3).
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Real Property & Title Insurance Update: Week Ending October 7, 2016

    Foreclosure: debtor that agreed to "surrender" property in bankruptcy was required to surrender the property to the bankruptcy trustee and secured creditor...
    United StatesReal Estate and Construction
    Carlton Fields
    Carlton Fields
  • Article

    OCIE Lessons From Cybersecurity 2 Initiative

    On August 7, the SEC's Office of Compliance Inspections and Examinations (OCIE) issued a risk alert containing observations from its Cybersecurity 2 Exam Initiative.
    United StatesTechnology
    Carlton Fields
    Carlton Fields
  • Article

    England's High Court Of Justice Upholds Arbitration Award Finding No "Serious Irregularity"

    Claimant's application under s. 68(2)(d) of the Arbitration Act 1996 alleged serious irregularity in the award of an arbitral tribunal alleging the tribunal failed to deal with all the issues that were put ...
    United KingdomLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
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