On August 17, 2017, the Second Circuit vacated a district court order denying defendants’ motion to compel arbitration of a consumer price-fixing putative class action and remanded for determination of whether participation in litigation in the district court waived defendants’ rights to arbitration.[1] The decision may have a more enduring legacy beyond enforcement of arbitration rights, however, because it represents a victory for developers of smartphone apps in obtaining judicial recognition of their terms of…
Iota Shipholding Ltd v. Starr Indem. & Liab. Co., 16 Civ. 4881 (S.D.N.Y. May 31, 2017) Petitioners brought…
Venco Imtiaz Construction Co. v. Symbion Power LLC, No. 16-1737, 2017 U.S. Dist. LEXIS 82480 (D. D.C. May…
As the NAFTA withdrawal rhetoric heats up, it would be prudent to determine whether your company has any claims against a NAFTA government that are covered by the NAFTA investor-state dispute resolution mechanism (ISDS), and, if so, whether your company should prepare to give formal notice of its intention to bring such claims. Given the NAFTA requirement that such notice be given at least ninety days in advance, and given the agreement’s six-month termination notice…
University of Notre Dame (USA) In England v. TJAC Waterloo, LLC, No. 16-1397 (1st Cir. June 28, 2017)…
Albtelecom SH.A v. Unifi Communications, Inc., No. 16 Civ. 9001 (S.D.N.Y. May 30, 2017) Petitioner initiated arbitration proceedings…
Hunt v. Moore Bros., 861 F.3d 655 (7th Cir. 2017) Attorney Jana Yocum Rine represented plaintiff James Hunt in a dispute with his employer, Moore Brothers, concerning the terms of his independent contractor operating agreement, which contained an arbitration clause in which both parties agreed “to submit [] disputes to final and binding arbitration before any arbitrator mutually agreed upon by both parties.” When a dispute arose under the contract, rather than filing an arbitration…
Two years after its noted decision enforcing an annulled award in the Pemex[1] case, the Second Circuit again…
The federal Consumer Financial Protection Bureau (CFPB) issued what is being labeled a “brazen” rule[1] on Monday, July…
The United States District Court for the Southern District of Florida, in Inversiones y Procesadora Tropical INPROTSA, S.A. v. Del Monte Int’l GmbH, Case No. 16-24275-CIV (S.D. Fla. May 1, 2017), recently confirmed an ICC award in favor of Del Monte International GmbH against Costa Rican pineapple grower Inversiones y Procesadora Tropical INPROTSA, S.A. Del Monte and INPROTSA were parties to an exclusive Pineapple Sales Agreement that called for ICC arbitration in the event of…