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All articles tagged '"Third Circuit"'
10 articles found
Circuit Split Widens Over Securities Broker-Dealer Attempts to Avoid FINRA Arbitration
By Beth Graham - September 11, 2018
The United States Court of Appeals for the Third Circuit has deepened a circuit split regarding whether a securities brokerage may deny clients access to the Financial Industry Regulatory Authority (“FINRA”) arbitral forum using a forum-selection clause.
Third Circuit Rules Arbitrability is a Gateway Issue
By Beth Graham - June 23, 2017
The United States Court of Appeals for the Third Circuit has issued a decision stating a federal judge committed error when he ruled on a party’s motion to dismiss a case before he considered whether the dispute should be arbitrated.
Third Circuit Rules Delaware Arbitration Program is Unconstitutional
By Beth Graham - October 23, 2013
Today, a panel for the United States Third Circuit Court of Appeals held that business arbitrations conducted behind closed doors by members of Delaware’s Chancery Court are unconstitutional.
Part Three: Thoughts on the Constitutionality of the Delaware Arbitration Program
By Karl Bayer - June 10, 2013
This is the final installment in a three-part overview of Pepperdine University School of Law Professor Thomas Stipanowich’s newly published paper entitled “In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program,” Journal of Business, Entrepreneurship and the Law, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2013/10.
Part Two: A Constitutional Challenge to the Delaware Arbitration Program
By Karl Bayer - June 7, 2013
The following is Part Two of a three-part overview of Professor Thomas Stipanowich’s recently published article entitled “In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program,” Journal of Business, Entrepreneurship and the Law, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2013/10. Part One provided a brief overview of the Delaware Arbitration Program.
Middle District of Pennsylvania Holds that D.R. Horton Does Not Conflict with Concepcion
By Victoria VanBuren - October 2, 2012
by Jeremy Clare The United States District Court for the Middle District of Pennsylvania denied a motion for reconsideration of the court’s order compelling arbitration because plaintiffs failed to establish a change in controlling law. Background In Brown v. Trueblue, Inc., No. 10-CV-0514 (M.D. PA April 16, 2012), Stephen Brown and Matthew Jury (“plaintiffs”), two employees of Trueblue, a temporary staffing agency, filed a complaint with the dis
GUEST-POST | The Arbitration Vacatur Law Uncertainty Principle
By Beth Graham - November 24, 2010
by James M. Gaitis According to the Heisenberg Uncertainty Principle, (1) the position and momentum of an object cannot simultaneously be precisely known and (2) even more tantalizing, the more precisely one property (whether position or momentum) can be measured, the less precisely can the other. For those that seek overall clarity as to what is going on at the particle and wave level of physics (and perhaps in their everyday lives), the Uncerta
Article | Less than Half of Miami-Dade County Homeowners Comply With Court Ordered Foreclosure Mediation
By Beth Graham - September 13, 2010
In January, the Florida Supreme Court ordered mediation on all home foreclosure cases. According to Miami Today, less than half of homeowners in Miami-Dade County have complied with state-mandated mediation since January. Miami-Dade County is one of three Florida counties that ran a managed mediation pilot program prior to the state-mandated mediation order. The Mortgage Foreclosure Mediation Program administered by the non-profit Collins Center
Article – Third Circuit Court of Hawaii Reports Home Foreclosure Mediation Pilot Project Statistics
By Beth Graham - September 7, 2010
The Third Circuit Court of Hawaii reported mid-year statistics for its Foreclosure Mediation Pilot Project (FMPP) in the Summer 2010 Center for Alternative Dispute Resolution Newsletter, ADR Times. Launched in November 2009, the FMPP allows borrower-occupants facing judicial foreclosure to request mediation through the program. Once a request is submitted to the court, the case is then scheduled for a judicial conference in which a judge determin
Third Circuit: Nonsignatories Plantiffs Not Bound by Arbitration Agreement
By Victoria VanBuren - February 16, 2009
In contrast to the Texas case of last week, the U.S. Court of Appeals for the Third Circuit held, in an employment discrimination and retaliation case, that forty-one plaintiffs who were not signatories to the arbitration agreement were not required to arbitrate. Mendez v. Puerto Rican Int’l Cos., No. 07-4053, (3rd Cir. 2009). The eight signatories plaintiffs, however, were compelled to arbitrate their claims. The court stated that section
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