Arbitration – Venue – Contracts
Where a plaintiff that entered into two contractual agreements with a defendant has moved to compel arbitration in Massachusetts of disputes regarding the second agreement, that motion should be...
View ArticleArbitration – Insurance – McCarran-Ferguson Act
Where (1) an arbitrator found that a dispute over insurance premiums was not arbitrable and (2) a U.S. District Court judge then denied the defendants’ motion to vacate the arbitrator’s decision, the...
View ArticleArbitration – Equitable estoppel – FNRA
Where the plaintiff, a member of the Financial Industry Regulatory Authority, has brought suit claiming two of its senior executives secretly created a defendant firm to compete with the plaintiff, the...
View ArticleBankruptcy – Arbitration – Turnover
Where a Chapter 7 trustee has brought an adversary proceeding for sums owed by the defendant to the debtor corporation under a construction subcontract, the defendant’s motion to compel arbitration...
View ArticleArbitration – Wage Act – Franchise
Where a petitioner has requested that an arbitration award in a Wage Act dispute over a franchise agreement be vacated, that request should be denied because the petitioner has not shown that there was...
View ArticleArbitration – Waiver – Subcontract
Where a Superior Court judge denied the defendant general contractor’s motion to compel arbitration of the plaintiff subcontractor’s claims as to two of the issues in dispute, the order must be...
View ArticleArbitration – Language barrier – Apparent authority
Where a defendant trampoline facility sued for negligence has moved to compel arbitration, that motion should be denied because (1) the plaintiff could not read the language used in the arbitration...
View ArticleArbitration – Stay –‘Overlap’
Where (1) the plaintiffs, non-profit entities that hold licenses from the Federal Communications Commission to operate Educational Broadband Services channels in certain geographic markets, granted...
View ArticleArbitration – Ambiguity – Waiver – Delay
Where a plaintiff has brought suit alleging that the defendant, his former employer, breached its contract with him by failing to pay severance benefits, the complaint must be dismissed based on a...
View ArticleArbitration – FINRA – Immunity
Where plaintiffs brought suit over an arbitration award issued through the defendant Financial Industry Regulatory Authority’s Office of Dispute Resolution, the complaint must be dismissed because of...
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