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

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  • Article

    401K Not OK: ERISA Class Certified Under Rule 23(b)(1)(B)

    Any monetary relief will be paid to the plan, and then the plan fiduciaries will be responsible for allocating the recovery among participants.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Appellate Court Rejects Claim Of Arbitrator Bias Based On Umpire's Service As A Party Arbitrator In Other Matters Involving A Retrocessionaires' Alleged Affiliate

    The Second Circuit has rejected the attempt of a retrocedent, IRB Brasil Reseguros S.A. ("IRB"), to vacate certain arbitration awards against it in favor of its retrocessionaire, National Indemnity Company.
    United StatesLitigation, Mediation & Arbitration
Carlton Fields
Carlton Fields
  • Article

    California Court Applies Strict Scrutiny To Reject Uber Class Settlement

    A Northern District of California judge refused to preliminarily approve a class settlement of Uber customers who used its "Rideshare Services" in which Uber would have paid class members $28.5 million. The court was concerned about several things.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Eleventh Circuit Finds That Arbitration Clause In One Agreement Applies To Disputes Regarding A Related Agreement

    Does an arbitration clause in a one but not the other of two contracts executed by the same parties at the same time apply to a dispute regarding the contract that does not contain the arbitration clause?
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Eleventh Circuit Reverses Order Compelling Arbitration Between Non-Signatories

    Plaintiff Outokumpu Stainless USA, LLC ("Outokumpu") contracted with F.L. Industries, Inc. ""FLI"), a German company, to provide cold rolling mills ("CRMs"), ...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Eleventh Circuit Slaps Down Bank's Third Attempt To Compel Arbitration In Overdraft Litigation Fight

    The Eleventh Circuit recently upheld a district court's denial of RBC Bank's latest attempt to compel arbitration of a dispute with banking customers over allegedly fraudulent overdraft practices.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Federal Circuit Upholds $455 Million International Arbitration Award, But Finds That Federal Statutory Interest Rate, Rather Than Higher Rate Specified By Arbitrations Tribunal, Applies Post-Judgment

    The case involved patent infringement and breach of contract claims regarding technologies related to genes that provide resistance to certain herbicides.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Federal Court Looks To Petition To Compel Arbitration, Not The Facts Of The Underlying Litigation, To Determine Whether It Has Diversity Jurisdiction Over Dispute

    After Swain was fired by Hermès, he sued asserting claims under New Jersey law.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Federal Court Resolves Arbitration Challenges To Dissolution Of Lawyer And Non-Lawyer Partnership

    The non-lawyer partners sought to vacate the arbitration award under each of the four statutory bases recognized by the Federal Arbitration Act, as well as for manifest disregard of the law.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Fifth Circuit Affirms Dismissal Without Prejudice After Plaintiff Compelled To Arbitrate Refuses To Do So

    The Fifth Circuit affirmed a dismissal without prejudice of a plaintiff's putative class action related to a multi-level marketing program selling electricity after the plaintiff refused to submit his claims...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Fifth Circuit Rejects Misbehavior Challenge To Arbitration Award

    Southwest, the owner of a surgical and imaging facility in Houston, entered into a purchase and sale agreement in 2008 with Rainier Capital Acquisitions LP, which assigned its interest to Rainier DSC.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    First Circuit Affirms District Court's Confirmation Of Arbitration Award Under The "Look-Through" Test

    The background of this matter could be found here. In sum, Plaintiffs Dr. Luis Ortiz-Espinosa and his wife Maritza Soto-Garcia, the conjugal partnership they formed, Espinosa-Soto...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Missouri Court Holds Arbitration Clause In Insurance Contract Unenforceable As Against Public Policy And Under Governing Law

    The various parties disputed which state's law applied. The court ultimately denied the motion, holding the mandatory arbitration provision was unenforceable.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Pitfalls Of Relying On Evidence Previously Filed "For Any Purpose" When Opposing Summary Judgment

    Your opponent files a motion for summary judgment. At a hearing on the motion, you point to an affidavit in the record to show that material questions of fact exist.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Second Circuit Joins Sister Circuits In Holding Party-Appointed Arbitrators Not Subject To Same Disclosure Requirements As Neutral Arbitrators

    The Second Circuit recently held that parties seeking to vacate awards under Federal Arbitration Act Section 10(a)(2) must satisfy a higher burden in showing evident partiality by a party-appointed
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    The Continuing Saga of Standing in Data Breach Class Actions: The 8th Circuit Weighs In

    We previously reported on the developing circuit split over Article III standing in data breach class action cases. In August, the D.C. Circuit Court joined the Sixth, Seventh, and Ninth Circuits in finding that the injury-in-fact requirement for Article III standing can be satisfied by fear of identity theft following a data breach.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Real Property & Title Insurance Update: Week Ending August 11, 2017

    Florida Statute section 95.11(5)(h)'s one year statute of limitations period does not apply to bar Bank's cause of action for deficiency judgment arising out of a short sale.
    United StatesReal Estate and Construction
    Carlton Fields
    Carlton Fields
  • Article

    Real Property & Title Insurance Update: Week Ending March 24, 2017

    Bank not required to demonstrate loan servicing agent's authority to file law suit, where loan servicing agent merely verified complaint as servicer and attorney-in-fact.
    United StatesReal Estate and Construction
    Carlton Fields
    Carlton Fields
  • Article

    Get Ready: IRS To End OVDP

    Recently, I discussed the impact of so-called "soft letters" sent by the IRS to various groups of taxpayers with offshore asset disclosure compliance issues (see this generic example of an IRS soft letter).
    United StatesTax
    Carlton Fields
    Carlton Fields
  • Article

    NY DFS Proposed Cybersecurity Regulations Revised And Implementation Delayed

    We previously reported on the New York Department of Financial Services' proposed cybersecurity regulations. During the public comment period, the DFS received over 150 comments.
    United StatesTechnology
    Carlton Fields
    Carlton Fields
  • Showing 701–720 of 1465 results

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