The Legal Intelligencer | Commentary
By Cliff Rieders | August 18, 2022
The consolidated cases required the Supreme Court to decide whether private adjudicatory bodies count as "foreign or international tribunals." The court determined that they do not.
The Legal Intelligencer | News
By Aleeza Furman | August 18, 2022
The Superior Court ruled that the substantive claims fell within the scope of a partnership agreement's arbitration clause, reversing a trial court's decision saying a court must determine whether the SLC's finding barred his derivative action.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | August 15, 2022
What should be fully recognized, however, is that before inserting a mandatory arbitration provision into a trust (and perhaps a will as well), attention should be given to whether statutory or case law will allow it to be enforced in the face of an objection by the trustee or beneficiary.
The Legal Intelligencer | Commentary
By Charles F. Forer | July 21, 2022
At his urging, Bob's nursing home client ensured that its patients upon admission sign a Bob-drafted admission agreement. The agreement said binding arbitration would resolve all disputes between the nursing home and the patient.
The Legal Intelligencer | Analysis
By Aleeza Furman | July 19, 2022
Eliminating the approval requirement would get rid of disproportionate case costs and may ultimately incentivize more lawyers to take on FLSA claims on behalf of low-wage workers.
The Legal Intelligencer | News
By Aleeza Furman | July 6, 2022
The decision breaks from a pattern of recent case law favoring defendants in challenges to arbitration agreements, said the plaintiff's attorney.
The Legal Intelligencer | News
By Aleeza Furman | July 1, 2022
The Superior Court acknowledged that the contents of the two agreements were interrelated but nonetheless said the arbitration clause in one could not be applied to the other.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | June 20, 2022
Internet users are increasingly confronted by websites that state that continued use of the site will result in binding them to various conditions. Often this includes an agreement to submit any future disputes to arbitration.
The Legal Intelligencer | Commentary
By Craig R. Tractenberg | June 16, 2022
Now the U.S. Supreme Court has eliminated the ability to obtain discovery in international dispute resolution that is not issued by a governmental entity. The challenging question is whether third-party discovery is available in private arbitration as a matter of right.
The Legal Intelligencer | News
By Aleeza Furman | May 20, 2022
The new rule raises the maximum in certain instances by changing the limit to "an amount equal to the jurisdictional limit for compulsory arbitration of the judicial district in which the action was filed," rather than the previous $25,000 cap.
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