WASHINGTON, D.C. - An antitrust defendant told the U.S. Supreme Court on Dec. 9 that it should reverse a Second Circuit U.S. Court of Appeals ruling that an arbitration panel did not manifestly disregard the Federal Arbitration Act (FAA) in construing an arbitration clause in an international maritime agreement to permit class arbitration of antitrust [...]

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WASHINGTON, D.C. - The Seventh Circuit U.S. Court of Appeals was well within its rights when it set aside five decisions by the National Railroad Adjustment Board (NRAB) dismissing grievances for lack of jurisdiction after the Brotherhood of Locomotive Engineers and Trainmen, Central Region (BLET) was required to show evidence that it had held a [...]

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A student loan company accused of hiding fees in loan agreements cannot force the lead plaintiff in a putative class action into arbitration, a New York federal judge has ruled, finding the terms of the loan unconscionable. Joshua G. Fensterstock, a 2003 Hofstra University School of Law graduate and now an associate at Isaacs & [...]

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A New Jersey judge has granted defunct law firm Ravin Sarasohn the right to pursue a rare case claiming that firm Lowenstein Sandler was complicit in the theft of confidential information, used it to woo key defectors and caused Ravin Sarasohn’s demise. The judge rejected Lowenstein Sandler’s argument that a ruling in a related arbitration [...]

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In a case that pitted Discover Bank against a defaulted credit card customer, a divided U.S. Supreme Court recently resolved a long-standing circuit split regarding parties’ ability to seek federal court assistance to compel arbitration of litigation pending in state court. Though the majority opinion was a win for the consumer, Discover can find some [...]

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With more disputes required by contract to be resolved through international arbitrations, parties must pursue creative avenues to obtain written discovery and witnesses’ testimony. One such avenue is through 28 U.S.C. §1782. Currently, the courts are split over whether an international private arbitration constitutes a “tribunal” entitled to judicial assistance under §1782. Attorneys Sofia E. [...]

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Abandon all hope, ye who seek to overturn an arbitration award, because the 5th U.S. Circuit Court of Appeals has ruled that manifest disregard of the law by arbitrators is no longer a ground for vacatur under the Federal Arbitration Act. The 5th Circuit’s decision in will make parties think twice — or three [...]

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Federal investigators have subpoenaed at least one insurance company to testify about uninsured/underinsured motorist arbitrations in Luzerne and Lackawanna, Pa., counties before a grand jury, indicating for the first time that the corruption probe has expanded geographically. The investigators’ move comes on the heels of a report in a local newspaper that ties an attorney, [...]

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