Tag Archives: Arbitration

Indiana Court of Appeals Enforces Arbitration Provision in UIM Policy

Today, the Indiana Court of Appeals affirmed–unsurprisingly–that Indiana courts enforce arbitration provisions in insurance policies. In Pekin Ins. Co. v. Hanquier, the plaintiff sustained injuries when she was rear-ended by another car, and then sued the driver of the other car … Continue reading

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The Status of “Manifest Disregard of the Law,” Now in Chart Form!

Following Hall Street and Stolt-Nielsen, there’s been an “open” question as to whether a party can still challenge arbitrators’ rulings for “manifest disregard of the law” under the FAA.  (I say “open” because I thought Hall Street made it pretty … Continue reading

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Second Circuit Thrice Holds that Class Action Waivers Are Unenforceable

Third time’s the charm, right?  The Second Circuit has struck down, for the third time, a class action waiver in an arbitration agreement between American Express and  merchants.  In re American Express Merchants’ Litigation.  This long-running case–which has already gone … Continue reading

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Fifth Circuit Finds Arbitration Clause in Employee Handbook Was “Illusory”

Though federal policy strongly favors arbitration, there are limits. (See our other arbitration posts here.) Last month, in Carey v. 24 Hour Fitness USA Inc., the Fifth Circuit held that an employer’s arbitration clause was invalid because it was illusory. … Continue reading

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Third Circuit Hands Khan Loss in Arbitration Case, Maroons Him in Legal Equivalent of Seti Alpha 6

It’s no secret that The Wrath of Khan is, without question, the best of the Star Trek movies.  It’s also no secret that, generally speaking, courts will bend over backwards to enforce arbitration provisions, and we’ve previously covered what can … Continue reading

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Specificity in Arbitration Provisions is Good…Except When It’s Not

Vagueness, ambiguity, and silence in arbitration provisions are generally to be avoided so that you don’t have to try a case that should be arbitrated. As the Indiana Court of Appeals recently held, though, being too specific in an arbitration … Continue reading

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Supreme Court: If a Claim is Arbitrable, You Have to Arbitrate.

Parties resisting arbitration sometimes claim that compelling arbitration would result in “piecemeal” litigation because some claims are arbitrable and some are not.  The U.S. Supreme Court, however, has made it clear (again) that courts cannot refuse to compel arbitration merely … Continue reading

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If You Want to Arbitrate, You Should Probably Be Able to Prove an Arbitration Agreement Exists

Look, I get it.  For large companies, it’s impossible to keep copies of every document sent to customers.  Instead, you keep records of what was sent when, along with sample copies.  That’s much easier and cheaper than keeping copies of … Continue reading

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Sometimes You Don’t Have to Arbitrate After All

One of the more frustrating issues concerning arbitration is the extent to which parties that did not sign an arbitration agreement can be compelled to arbitrate anyway.  It sometimes seems that courts will bend over backwards to find ways to … Continue reading

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The Second Circuit Sidesteps Stolt-Nielsen

SPOILER ALERT!  This post has a twist:  it doesn’t concern an insurance case at all.  (M. Night Shyamalan would be proud.)  But it does concern interpretation of an arbitration agreement–something important to insurers and reinsurers alike. In Jock v. Sterling … Continue reading

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