United States: Arbitration & Dispute Resolution

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
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[PODCAST] Strait Of Hormuz Energy Disputes: Using Mediation And Arbitration To Navigate Force Majeure And Contract Risk
In this episode of the JAMS podcast, JAMS neutrals Hon. Karen Brown Willcutts (Former), FCIArb, Hugh E. Hackney, Esq., and Zela "Zee" G. Claiborne, Esq. examine the commercial and contractual fallout of disruptions to global energy transportation and how mediation and arbitration can keep energy moving while the larger disputes are resolved.
United States Litigation
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JAMS
Article
Second Circuit Holds EFAA Invalidates Arbitration Agreements For All Claims In Cases Involving Sexual Harassment
The U.S. Court of Appeals for the Second Circuit addresses a critical question about the scope of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021: does the statute invalidate arbitration agreements for individual claims or entire lawsuits? This decision resolves whether employees alleging sexual harassment can bring all their claims to court, including those unrelated to harassment, when a pre-dispute arbitration agreement exists.
United States Litigation
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Mayer Brown
Article
So, You Want To Keep The House?
When a parent passes away and leaves behind the family home, inheriting that property involves more than sentiment—it requires navigating estate administration, sibling negotiations, property valuations, and potential buyouts. Understanding the legal and financial complexities of keeping an inherited house can help families avoid costly disputes and make informed decisions about whether to retain or sell the property.
United States Family
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Beresford Booth
Article
Federal Circuit Holds That A Claim Covering A Scientific Impossibility Is Not Indefinite, But Is Not Enabled
The Federal Circuit affirmed a district court's invalidation of patent claims covering a communications apparatus, but shifted the legal basis from indefiniteness to enablement. The court clarified that while impossibility doesn't automatically render claims indefinite under Section 112(b), claims expressly covering inoperable embodiments fail enablement requirements under Section 112(a), as they cannot satisfy the full-scope standard established in Amgen v. Sanofi.
United States IP
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A&O Shearman
Article
Federal Court Enforces Forum-Selection Clause In Dealer Agreement
When a concrete equipment manufacturer terminated its Oklahoma dealer and invoked a forum-selection clause requiring litigation in Iowa, the dealer sued locally under state dealer-protection laws. The federal court's ruling on whether the forum clause could override Oklahoma's Fair Practices Act turned on subtle statutory language that distinguished it from similar laws in other states.
United States Litigation
FL
Foley & Lardner
Article
Rule 702 Gatekeeping In Arizona Eminent Domain – Recent Developments
Recent amendments to Arizona Rule 702 and federal court decisions have fundamentally shifted how courts evaluate expert appraisal testimony in eminent domain cases. Courts now apply more rigorous gatekeeping standards, requiring proponents to demonstrate by a preponderance of evidence that expert opinions rest on sufficient data and reliable methodology before reaching the jury.
United States Litigation
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Nossaman LLP
Video
First Brands: Lessons Learned From Denied Confirmation (Video)
Jeffrey Cohen and Brittany M. Clark examine the First Brands Chapter 11 bankruptcy case, focusing on why the court denied confirmation of a proposed joint liquidating plan. The discussion explores critical issues including the plan's dependence on uncertain litigation recoveries, unresolved administrative claims, and the absence of mechanisms to adjust course once confirmation became final.
United States Insolvency
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Lowenstein Sandler
Article
ERISA Litigation Update
The U.S. Supreme Court will hear arguments in Anderson v. Intel Corporation Investment Policy Committee, a pivotal case examining whether plan participants must meet a "meaningful benchmark" requirement when challenging 401(k) investment decisions based on alleged fund underperformance. The case could fundamentally reshape how ERISA fiduciaries defend investment choices and how courts evaluate claims of imprudent fund selection in retirement plans.
United States Employment
GP
Goodwin Procter LLP
Article
TRACKING MORE THAN JUST CALORIES: Northern District Of California Rules Over MyFitnessPal’s Motion To Dismiss.
The Northern District of California recently ruled on MyFitnessPal's motion to dismiss claims alleging the fitness app falsely represented users could opt out of third-party tracking. The court's decision addresses multiple legal grounds including wiretapping, pen register violations, and common law fraud, with varying outcomes for different plaintiffs based on the nature of their website interactions and data sharing allegations.
United States Privacy
Troutman Amin LLP
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