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

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  • Article

    California Federal Court Confirms Arbitration Award Benefitting Third-Party

    The U.S. District Court for the Northern District of California denied a petitioner's motion to vacate an arbitration award on the grounds of the award being "irrational and illogical,"...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Class Notice Online Works Just Fine

    In a case involving alleged violations of ERISA and the Mental Health Parity and Addiction Equity Act, the District Court of the Western District of Kentucky certified a class of Anthem Health Plan...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
Article

Court Applies Arbitration And Continued Performance Provisions Of One Contract To A Separate Performance Guaranty Agreement

This lawsuit centered around a contract providing a guaranty of performance in connection with an underlying broadband network access contract.
United StatesLitigation, Mediation & Arbitration
Carlton Fields
Carlton Fields
  • Article

    Court Declines To Vacate Arbitral Decision In Face Of Seven Challenges Made By Pro Se Plaintiff

    Last month the Southern District of New York granted DCH Auto Group's motion to confirm a favorable arbitral decision dismissing a pro se plaintiff's arbitration with prejudice...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Court Invalidates Modified Arbitration Award Because It Exceeded Panel's Authority Under The Functus Officio Doctrine

    An insured and its insurer were fighting over whether the insured's settlement payment in separate litigation was a covered loss and whether there was a duty to defend in the separate litigation.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Court Vacates Arbitration Award Due To Evident Partiality Of Panel, But Parties Must Re-Arbitrate Matter Before Same Arbitral Forum

    In a dispute between the Washington Nationals, the Baltimore Orioles, and affiliated parties regarding the value of broadcasting rights for Nationals games, an appellate court has affirmed a trial court...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    District Of South Carolina Denies Motion To Dismiss Action Involving Fronting Relationship

    Applying Delaware law, a South Carolina District Court found Plaintiff had properly pled its causes of action for breach of contract, breach of fiduciary duty, negligence/gross negligence...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Federal Court Retains Jurisdiction Over Action Stayed For Arbitration, Pre-Empting State Court

    Davis was awarded damages for malpractice, but the arbitration panel denied her other claims.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Fifth Circuit Affirms Federal Court's Injunction Of State Court Proceeding That Attempted To Stay Arbitration

    The Fifth Circuit weighed the factors and affirmed the district court's decision against abstention based in part on the strong federal policy favoring arbitration.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Fifth Circuit Finds Order Not "Final" For Purposes Of Appellate Jurisdiction

    The U.S. Court of Appeals for the Fifth Circuit held that an order compelling arbitration and staying a related action was not an appealable "final decision with respect to arbitration" under the FAA.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Fourth Circuit Upholds Arbitration Award Involving Termination Of Employee

    Affirming the trial court's ruling, the Fourth Circuit upheld the denial of a motion to vacate or modify an arbitration award involving the termination of an employee.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Minor Not Bound—Directly Or Indirectly—By Arbitration Agreement In Mother's Credit Card Agreement

    Last month the Seventh Circuit reversed a lower court order enforcing an arbitration agreement contained in cardholder agreement as applied against the minor daughter of the cardholder...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Must A Plaintiff Representing Unnamed Parties Under California's Private Attorney General Act Comply With Rule 23's Requirements?

    Must a plaintiff who brings an action under California's Private Attorney General Act (PAGA) comply with Rule 23's requirements? Although the Ninth Circuit has not addressed the issue ...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    New York Federal Court Confirms Arbitration Award

    The background and full procedural history of this case can be found here. In sum, the dispute stems from a 2011 agreement by KT Corporation and KTSAT Corporation, a Korean satellite communications provider, ...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Nigerian Natural Gas Drilling Rig Explosion Class Action Blown Away

    The Northern District of California recently denied a motion for class certification in a case against Chevron Corporation connected to a 2012 explosion at a Nigerian natural gas drilling rig and the environmental impacts of that explosion.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Allows Dispute To Proceed In Court After Arbitration Dismissed For Failure To Pay Deposit

    The Ninth Circuit issued an opinion which holds that where an arbitration proceeding is dismissed because one side is unable to pay their share of the arbitration, the case may proceed in court...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Finds Incorporation Of ICC Rules Into Arbitration Agreement Constitutes Clear And Unmistakable Evidence Of Delegation Of Arbitrability To Arbitrator

    The Ninth Circuit thus vacated the District Court's order, concluding that the litigation must be stayed while the tribunal determined whether PGE was required to arbitrate its claims against the Sureties.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Ninth Circuit Parses "Administrative Feasibility" And "Ascertainability" – Refuses To Acknowledge Either As A Prerequisite To Class Certification

    The Ninth Circuit affirmed certification of putative class actions brought against ConAgra Foods, Inc. ("ConAgra") by consumers who claimed that ConAgra's "100% Natural" labels on Wesson cooking oils were false or misleading.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    No Love For Proposed Consumer Class Settlements

    Two consumer class actions recently hit a roadblock when courts denied final approval for class settlements. In In re Target Consumer Data Security Breach, the U.S. District Court...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Pay Attention: A Class Certification Decision You Might Want To Remember

    On March 16, 2017, the Southern District of California certified a class action against the manufacturer of gingko biloba and Costco Wholesale Corporation, the seller
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Showing 621–640 of 1465 results

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