Tag Archives: Arbitration

No Deference to Litigation-Conduct Waiver Holding Based on “Conclusory Assertions,” Holds Fifth Circuit

In Int’l Energy Ventures Mgt. v. United Energy Grp., No. 20-20221 (5th Cir. May 28, 2021), the Fifth Circuit reverses – on the case’s second appearance in that court – an order compelling arbitration, based on the plaintiff’s three-year “persistent pursuit of litigation.” “International Energy Ventures Management (‘IEVM’) sued United Energy Group (‘UEG’) more thanContinue reading “No Deference to Litigation-Conduct Waiver Holding Based on “Conclusory Assertions,” Holds Fifth Circuit”

Ninth Circuit Splits Over How to Analyze Jurisdictional Amount for Section 7 Action to Enforce Subpoena Under Federal Arbitration Act

In Maine Community Health Options v. Albertsons Cos., Inc., No. 20-35931 (9th Cir. Mar. 31, 2021), deciding an issue of first impression for the circuit, the judges – following different routes – holds that there is diversity jurisdiction over an action under Section 7 of the Federal Arbitration Act (FAA), 9 U.S.C. § 7, seeking enforcementContinue reading “Ninth Circuit Splits Over How to Analyze Jurisdictional Amount for Section 7 Action to Enforce Subpoena Under Federal Arbitration Act”

Plaintiff Did Not Deprive Federal Court of Subject-Matter Jurisdiction Over FAA Vacatur Petition by Selectively Naming Defendants, Fifth Circuit Holds

In Badgerow v. Walters, No. 19-30766 (5th Cir. Sept. 15, 2020), the Fifth Circuit holds that the “look-through” analysis for determining federal jurisdiction in actions to compel arbitration under Section 4 of the FAA reviews the entire underlying dispute in arbitration, not just the specific claims included in the petition. Plaintiff – a terminated employeeContinue reading “Plaintiff Did Not Deprive Federal Court of Subject-Matter Jurisdiction Over FAA Vacatur Petition by Selectively Naming Defendants, Fifth Circuit Holds”

Federal Arbitration Act Requires an Immediate Trial to Resolve Genuine Disputes of Material Fact About Arbitrability, Says D.C. Circuit

A district court erred by not holding an immediate trial to resolve a factual dispute about whether the parties agreed to arbitrate an employment discrimination claim. (Jin v. Parsons Corp., No. 19-7019 (D.C. Cir. July 24, 2020).) The Federal Arbitration Act (FAA) spells out a procedure in 9 U.S.C. § 4 for when there isContinue reading “Federal Arbitration Act Requires an Immediate Trial to Resolve Genuine Disputes of Material Fact About Arbitrability, Says D.C. Circuit”