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All articles tagged '"Seventh Circuit"'
10 articles found
Seventh Circuit Sides With Sister Courts in Holding Availability of Class Arbitration is a Question of Arbitrability for the Courts to Decide
By Beth Graham - November 21, 2018
The United States Court of Appeals for the Seventh Circuit has issued an opinion stating the availability of class arbitration is a threshold question for the courts, not an arbitrator, to decide.
Federal Judge Denies Class Arbitration Request in Legal Data Security Case
By Beth Graham - March 30, 2017
An Illinois federal judge has ruled that client data security claims filed against a Chicago-based law firm must be decided through individual arbitration.
Three Petitions for Certiorari Filed Over Collective Action Bans in Employment Arbitration Agreements
By Beth Graham - September 15, 2016
On September 2nd, Epic Systems Corporation filed a petition for certiorari with the United States Supreme Court following a Seventh Circuit Court of Appeals ruling which stated a mandatory class action waiver included in an employer’s arbitration agreement violated the National Labor Relations Act (“NLRA”).
Circuits Split Over NLRB Decisions Finding Class-Action Waivers in Arbitration Agreements Violate the NLRA
By Beth Graham - June 24, 2016
The National Labor Relations Board’s (“NLRB”) stance with regard to class-action prohibitions included in employment contracts appears increasingly likely to be reviewed by the United States Supreme Court in the near future.
Limits of Procedural Choice of Law
By Beth Graham - January 14, 2014
S. I. Strong, Professor and Senior Fellow at the Center for the Study of Dispute Resolution at the University of Missouri School of Law has authored an interesting article entitled Limits of Procedural Choice of Law, 39 Brooklyn Journal of International Law 2014, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2014-03.
Seventh Circuit Rules that ‘Manifest Disregard of the Law’ Is Not Independent Basis for Vacating Arbitral Awards
By Victoria VanBuren - November 18, 2011
The Seventh Circuit held that “manifest disregard of the law” is not an independent ground for vacatur in a patent case under the Federal Arbitration Act (“FAA”). See Affymax, Inc. v. Ortho-McNeil-Janssen Pharmaceuticals, Inc. , No. 11-2070 (7th Cir. Oct. 3, 2011). Citing Hall Street Associates, L.L.C. v. Mattel, Inc., 552 U.S. 576 (2008), the court stated that the grounds to vacate arbitral awards listed in the FAA are &#
U.S. Supreme Court Denies Cert to Arbitration Case
By Victoria VanBuren - May 17, 2011
Yesterday, the U.S. Supreme Court denied certiorari (No. 10-1213) to Trustmark Ins. Co. v. John Hancock Life Ins. Co., 631 F.3d 869 ( 7th Cir. 2011). The Seventh Circuit had held that an arbitration panel has authority to determine what a confidentiality agreement requires, when the agreement was closely related to an insurance arbitration that was already underway. The questions presented to the U.S. Supreme Court were: May a party be compelled
Guest Post Part III.A | The Seventh Circuit Issues a Landmark Reinsurance Arbitration Opinion in Trustmark Ins. Co. v. John Hancock Ins. Co. (U.S.A.)
By Beth Graham - March 9, 2011
Should the Second Circuit Reverse the District Court’s Judgment in Scandinavian Reinsurance Co. v. Saint Paul Fire & Marine Ins. Co.? by Philip J. Loree Jr. I. Introduction Parts. I and II of this three-part post discussed Chief Judge Frank H. Easterbrook’s decision in Trustmark Ins. Co. v. John Hancock Life Ins. Co. (U.S.A.), No. 09-3682, 2011 WL 285156 (7th Cir. Jan. 31, 2011), and said that Trustmark, in conjunction with Sphere Drake Ins.
Guest Post Part II | The Seventh Circuit Issues a Landmark Reinsurance Arbitration Opinion in Trustmark Ins. Co. v. John Hancock Ins. Co. (U.S.A.)
By Beth Graham - February 24, 2011
by Philip J. Loree Jr. I. Introduction Part I (here) briefly discussed Chief Judge Frank H. Easterbrook’s decision in Trustmark Ins. Co. v. John Hancock Ins. Co. (U.S.A.), No. 09-3682, 2011 WL 285156 (7th Cir. Jan. 31, 2011), and its implications on the pending Second and Fifth Circuit appeals in Scandinavian Reinsurance Co. v. Saint Paul Fire & Marine Ins. Co, No. 09 Civ. 9531(SAS), 2010 WL 653481 (S.D.N.Y. Feb. 23, 2010), and Dealer Compute
Guest Post Part I | The Seventh Circuit Issues a Landmark Reinsurance Arbitration Opinion in Trustmark Ins. Co. v. John Hancock Ins. Co. (U.S.A.)
By Beth Graham - February 23, 2011
by Philip J. Loree Jr. Chief Judge Frank H. Easterbrook of the United States Court of Appeals for the Seventh Circuit is not only a brilliant judge, writer and law professor, but a master of (among many other things) arbitration law. He understands better than most judges how commercial arbitration is supposed to work, what the Federal Arbitration Act is supposed to achieve, and how to implement the Act to ensure the parties get not only what the
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