An insurer has prevailed on its claim that the government violated the Administrative Procedure Act (APA) by issuing a bulletin designed to put it out of business.
Brisk Insurance Services LLC supplies specialized software through approved insurance ...
The Seventh Circuit Court of Appeals has held that courts may consider a defendant’s pre-class certification conduct to determine whether that conduct is inconsistent with and therefore waives any right the defendant may have to compel arbitration.
Club ...
The Ninth Circuit Court of Appeals has provided additional guidance on the interplay between the Foreign Sovereign Immunities Act’s (FSIA) arbitration exception and traditional personal jurisdictional rules and related doctrines, including the forum ...
The dispute traced back to 2021, when Remo Polselli, acting through an entity (Allegiant Equities LLC), bought the Inn of Chicago and installed Elmar Hotel Management LLC as the operator. The city of Chicago then approached Polselli about using the property to ...
The plaintiffs in Ferguson v. Aon Risk Services Companies Inc. are the former shareholders of the parent company of reinsurance provider Clarendon America Insurance Co. and Clarendon National Insurance Co. In the late 1990s, the defendant Aon companies ...
The U.S. District Court for the District of Vermont denied a motion to vacate an arbitration award after it concluded that the party seeking vacatur had failed to identify information it claimed made the arbitrator evidently partial and then failed to ask the ...
The defendants in Geneva Enterprises LLC v. Chavez are 31 former employees of plaintiffs Geneva Enterprises and AV Automotive (together, “Geneva”) who filed a “mass arbitration” with the American Arbitration Association (AAA) against Geneva ...
In Manhattan Nursing & Rehabilitation Center LLC v. Hawkins, the Supreme Court of Mississippi addressed an appeal brought by Manhattan Nursing and Rehabilitation Center of an order denying its motion to compel arbitration of Verna Hawkins’ action arising ...
The U.S. District Court for the Northern District of Texas recently compelled arbitration under equitable estoppel principles in a dispute between a group of hospitals and a medical insurer.
A group of hospitals, collectively known as Medical City, filed suit ...
In Tyson International Co. v. Partner Reinsurance Europe SE, Tyson International Company Limited filed a petition to vacate an arbitration award entered in its favor, and Partner Reinsurance Europe SE cross-moved to confirm the award. The parties filed four ...
The Ninth Circuit Court of Appeals has held that arbitrators’ decisions that an arbitration clause is unenforceable may not be used to preclude arbitration in cases involving other plaintiffs in the same putative class action subject to the same arbitration ...
The Fifth Circuit Court of Appeals has affirmed in part and reversed in part an order dismissing plaintiff Porch.com’s breach of contract claims brought under a reinsurance intermediary authorization agreement (RIAA) remanding the case for further ...
The Ninth Circuit Court of Appeals has held that the inadvertent failure to record arbitration proceedings did not warrant vacating the arbitration award. The court thus affirmed confirmation of the award.
Salah Uddin and TD Ameritrade Inc. arbitrated a ...
The Ninth Circuit Court of Appeals has affirmed the partial denial of a motion to compel arbitration after concluding that the arbitration agreement did not clearly and unmistakably evidence an intent to delegate the question of arbitrability to the arbitrator ...
In Worldwide Aircraft Services Inc. v. Anthem Insurance Companies Inc., the U.S. District Court for the Middle District of Florida addressed a motion to dismiss filed on behalf of defendant Anthem BCBS to dismiss a petition to confirm an arbitration award based ...
The U.S. District Court for the Southern District of New York recently rejected a party’s efforts to avoid arbitration and granted the opposing party’s motion to compel.
Everins Group LLC and Nova Casualty Co. entered into a program management agreement ...
In Choice Hotels International Inc. v. Gresham Hotel LLC, the U.S. District Court for the District of Maryland addressed an application filed by plaintiff Choice Hotels International to confirm an arbitration award against defendants Gresham Hotel and ...
The Second Circuit Court of Appeals has concluded that a dispute about what fees each party to an ongoing arbitration is required to pay is a matter for the arbitrator, not a court, to determine.
Twitter Inc., now known as X Corp., fired several of its employees ...
In Plastic & Reconstructive Surgery Group v. Aetna, Inc., the U.S. District Court for the District of Connecticut addressed a motion filed by petitioner Plastic & Reconstructive Surgery Group to allow discovery of the reasons behind the decision reached by the ...
In California v. Express Scripts Inc., the Ninth Circuit Court of Appeals considered whether to extend the Supreme Court’s 2023 decision in Coinbase Inc. v. Bielski, which held that a district court must enter an automatic stay pending appeal brought under the ...
In Singh v. Anesthesia Associates of Rock Hill, P.A., the U.S. District Court for the District of South Carolina addressed a motion by defendant Anesthesia Associates of Rock Hill, P.A. to compel arbitration of claims brought by plaintiff Dr. Saket Singh for ...
The U.S. District Court for the Eastern District of Louisiana rejected an effort to avoid arbitration based on Louisiana law. The court held that federal law applied and required arbitration of claims against both domestic and foreign insurers because the ...
In Pandolfi v. Aviagames Inc., the Ninth Circuit Court of Appeals considered defendant Aviagames’ appeal of an order denying its motion to compel arbitration of the plaintiffs’ claims. The court’s memorandum opinion did not address the facts or claims of ...
The Third Circuit Court of Appeals recently reversed a district court’s dismissal of a complex securities fraud action brought against reinsurance company Maiden Holdings Ltd., concluding that discovery was incomplete and that genuine issues of fact ...
In Docs of CT LLC v. Biotek Services LLC, the Supreme Court of Georgia considered an appeal brought by Docs of CT LLC, seeking to vacate an arbitration award on the grounds that “the arbitrator exhibited partiality and engaged in misconduct.”
Docs of CT and ...
In THC–Orange County LLC v. Regence BlueShield of Idaho Inc., the U.S. District Court for the District of Idaho addressed a motion by plaintiff THC–Orange County LLC, doing business as Kindred Hospital Ontario, to conduct limited discovery from the ...
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